EP 163: Electronic Evidence in Divorce: Everything You’re Doing is Tracked

Electronic evidence may come into play in your divorce case. Electronic evidence can be from your computer, phone, text messages, apps, cameras, bank accounts, and so on. Everything you do these days has a record. You may need to look for evidence of your spouse doing something they shouldn’t, like getting a hotel room. It’s increasingly common for people to leave an electronic trail that can come back to hurt them later. Most people forget that everything they do is tracked, one way or another.

As you go through the divorce process, keep these tips in mind.

1) Be aware that everything you do is recorded or could be recorded.
2) Do not try to hide assets.
3) Be aware that what you say or do can be taken out of context.

For example, if you make a threat during an argument or send a nasty text message, it can come back to haunt you. If you are about to say or do something that you might regret, take a step back and calm yourself down. All of your conversations on social media have a record of them, so they can be subpoenaed. Likewise, monetary transactions through your bank or credit cards will be traceable. Be aware if there’s something your spouse may have done, you may be able to access those records.

There are records of all assets, so it’s a bad idea to try to hide money. If someone really wants to track down money that went missing, they could. It can come back to hurt you during the divorce process, or even several years later.

As an example, let’s say that you are playing with your kids, and you playfully say, “I’m going to beat you up!” Your spouse might write that down and later tell a judge, “On Tuesday, June 2, he threatened the kids and said he was going to beat them up.” On paper, that transcript looks terrible for you. Quotes can be taken out of context in divorce to be used against you.
Technology is evolving so quickly that people often don’t comprehend all the repercussions it can have. Technology that is convenient on a day-to-day basis can ultimately hurt you during the divorce process. Minimize your interactions with your spouse. Be careful with what you say (verbally and electronically) as you are going through a divorce. Remember that what you say and do can end up hurting you later.

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