Technology’s Impact on Divorce Evidence

At first, technology was limited to computers, emails, faxes and phones. Now it has expanded to include devices, software and apps. It’s hard to imagine trying to contact someone without our cell phone. We use social media to voice our opinions and to show off our latest purchases. We can order anything off the Internet at any time or place. However, the drawbacks to technology include retrieving data (e.g. posts) and tracking people (e.g. GPS trackers). Now more than ever, divorce attorneys have multiple ways to find and collect evidence.

Posting Online

Social media allows us to connect with anyone around the world in the blink of an eye, whether through text and/or image. It helps families stay up to date on the latest happenings, including births, weddings, trips and deaths. With so much freedom to post, there is also the danger of posting something that is considered incriminating to a divorce attorney. When a couple gets divorced, the first request their attorneys will make is access to their social media accounts. Anything posted on them can be used as evidence. It’s important to note that Facebook has now become a reason for divorce.

Tracking Movement

Another impact technology has made on divorce evidence is tracking devices and apps. Movement can be used to show when and where an extra-marital affair has taken (or is currently taking) place. Cell phones come with GPS, which is used for getting directions. If you use Google Maps, it will create a log of your locations. EZ-Pass logs your locations as well as provides time stamps of when you went through tolls. There are also GPS trackers that are so small, they are almost undetectable. They can be placed on the inside of a bumper or in a wheel well. If a spouse is using this to track (or stalk) you, this could be used as evidence against him or her.

Apps & Websites

There are apps that allow users to find dates. This is fine, unless you are married. There are also websites for cheating spouses or to help them cheat. An investigator working for a divorce attorney can find out what apps and websites you have been on by searching your phone and/or desktop -- even if you deleted them. They can be used as circumstantial evidence (which is sufficient for court) to establish adultery.

Although technology has made our lives easier, it has also put us under a microscope. If anything can be electronically documented or traced, it can potentially be used against you. All of the electronic evidence is used to show the breakdown of the marriage as well as the money spent on apps and websites. And some of the apps and websites are even used to show how an addiction to them caused the break up. Despite how easy it is to post, it is vital that evidence by found quickly and legally.

About the author

Randi Karmel is an experienced attorney from New York City. She specializes in the areas of family, divorce, and matrimonial law. Randi is dedicated to protecting her clients' best interests, gaining respect as a consistent inspiration in her field.

To learn more about Randi Karmel, click here.