Chicago Divorce Attorneys explain The Changing Eavesdropping Laws In Illinois

Being a reputable and qualified divorce lawyer in Chicago means staying on top of the ever-changing laws and statutes in the state of Illinois. I take this responsibility to my clients very seriously. By helping them understand and follow the divorce laws in our state is the best way for me to protect their rights as they move forward with their divorce proceedings.

While the laws in Illinois are constantly evolving, lately the state of Illinois seems even more rife with legal changes; Illinois has recently begun the process of defining maintenance guidelines for spouses seeking support/alimony. However, the litigation changes haven’t stopped there, divorce attorneys in Chicago and throughout Illinois are now working to help their clients understand the new changes made to the eavesdropping laws implemented in the state as well.

Recording Without Consent Was Previously Considered Illegal In Illinois
Previously, the state of Illinois recognized a no eavesdropping law. Under the Illinois Eavesdropping Statues (720 ILCS 5/14) mandated in 1994, divorce lawyers in Chicago were required to inform their clients that recording a conversation, either with a spouse or with any other party without that person’s implicit knowledge was not only inadmissible in a court of law, it was actually breaking the law. I would personally work with my clients and advise them to never, under any circumstances, record a conversation without the other party’s complete consent.

As I wrote about in my May 28, 2014 blog (https://www.divorcelawyerschicago.org/michaelcraven_old_site/careful-someone-may-listening/), last year the Illinois Supreme Court found Illinois’ eavesdropping statute unconstitutional in the case of People vs. Clark. In my blog I noted that Illinois lawmakers would need to rewrite the law. A new Illinois Eavesdropping Statute became effective December 31, 2014.

For many parties, the old Eavesdropping Statue was not necessarily intuitive in what the legal system deemed “private.” Many of my clients understood that conversations between them and their spouse alone would be considered a private exchange. However, according to the statute, it was also illegal to record more “public” exchanges such as arguments on the street, debates in public places and even conversations loud enough to be overhead by others. For many, it seemed unjust that public altercations couldn’t be recorded and used to substantiate facts in their case.

Even with New Laws, Continue to be Careful with your Public Conversations
The new eavesdropping law provides that all parties to a private conversation must still give their permission to be recorded. These conversations are defined as any oral communication between two or more people in which the parties have a reasonable expectation the discussion will remain private.   However, certain public exchanges are no longer protected by the new Statute.

While these changes are helpful, divorce lawyers in Chicago must ensure that their clients recognize that not all conversations with their spouse have a reasonable expectation of privacy. As a result spouses should carefully choose their words when talking to, or about, their current spouse.

Want to hear more about how these legal changes may affect your case? Contact my office today to schedule a consultation.