Using Digital Evidence In A Divorce Case

Investigating a spouse’s digital devices could lead to the discovery of infidelity. If a spouse believes their partner is unfaithful, they need to get evidence to show the court when filing for a divorce. Adultery is hard to prove, but digital evidence is irrefutable.

Evidence of Infidelity

If a spouse is suspected of infidelity, digital evidence could prove adultery or exonerate the spouse. Digital forensic specialists can extract data from a smartphone and provide call records, text messages, and other interactions between the spouse and another party who isn’t their spouse. These practices can extract data from computers or tablets from dating and hookup websites that indicate an affair or carnal relationships outside the marriage. Hiring a professional for evidence management helps a plaintiff prove their spouse was unfaithful and gives them leverage in a divorce case.

Financial Records for Both Parties

Divorce cases require discovery, and both parties must disclose all financial records to their attorneys. Unfortunately, some spouses try to hide money to prevent the opposing party from getting their fair share. Digital investigations uncover hidden banking information even if the person deleted their existing files, and investigators can collect account numbers and use discovery practices to find the current balance. Hiding money in a divorce case violates the law, and if these financial assets are discovered, a judge might provide a large portion to the other party.

Details About Assets That Were Hidden

Digital copies of deeds and titles are discovered through digital forensics, especially when a spouse doesn’t want paper copies in the marital home, and there are records on these computers that show sudden ownership transfers that alter the value of the marital estate.

Emails and documents that show real estate purchases or sales are collected from digital devices and presented in court. The discovery process involves the collection of all evidence related to the marital estate and assets bought during the marriage. State laws define how the marital estate is divided, and each party must have all the information.

Securing All Evidence for the Case

Investigators must secure all the evidence for the case and prevent unauthorized access to the data. Attorneys work with judges to determine what digital data is admissible in court, and the data must meet these requirements before it is used in the divorce case. However, the chain of custody matters in these cases, and the attorney must secure the proof to prevent tampering or changes.

The data must appear on the files just as it did on the electronic device, and a claimant cannot change evidence in any way. Photo editing or fabricated text messages won’t help the plaintiff achieve their objectives.

Divorce cases, in most instances, require evidence if the divorce grounds are infidelity. Digital forensics services and data management help prove adultery and show the court when the affair started. Evidence of an extramarital affair could result in a higher award than might otherwise occur. Discuss digital forensics and data management with a service provider to get proof for your divorce cases.

John Mac

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