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Using Digital Forensics To Identify Electronically Stored Information In A Divorce

People largely live their lives on digital devices these days. From the phones where they send and receive dozens of written messages with friends, family and coworkers daily to the laptops and other computing devices that they use for personal purposes, most people spend hours every day using electronics, which can influence what happens in your pending divorce.

There may be a treasure trove of digital information that could influence the outcome of your upcoming divorce proceedings if you put in the work to locate the evidence. When there have been issues with significant misconduct during your marriage, such as financial abuse, secrecy, infidelity or financial wastefulness, digital forensics may be necessary to secure evidence of your spouse’s behavior and convince the courts to take appropriate steps. What you find on someone’s phone or in their search history could help you hold them accountable for their financial behavior.

How e-discovery helps

You may know because of certain tell tale signs (smell on their clothing, etc.) or a face-to-face argument that your spouse cheated on you, but it will be your word against theirs in court unless you can find proof. E-discovery means requesting access to your spouse’s digital records as part of the divorce.

The thorough analysis of someone’s social media and digital device use can often play a major role in proving misconduct and convincing the courts that infidelity, financial abuse, dissipation or generally irresponsible behavior occurred.  The e-discovery process might lead to the discovery of photographs, transfers, conversations and even location data that could play a role in your divorce.

There could also be stored information that helps you track financial misconduct, such as an electronic paper trail leading to their hidden bank account where they have diverted marital funds for several years.

Electronic data can be difficult to process

The average person facing a divorce is not in a position to analyze digital records on their own without support. They will often require the help of their legal team, and finding professionals who understand the value of e-discovery and digital research is crucial.

Exploring all of the ways to show the courts the reality of your marital circumstances can help you secure the most appropriate outcome in your upcoming divorce.



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