If your divorce case is contested, both you and your spouse will present evidence in favor of your individual positions. Some of this evidence may include testimony and financial records. In reality, the scope of proof in your case may be much broader. Both parties may have other forms of communication in their possession, or they may be able to access them through discovery. Digital evidence can be powerful proof that can work in your favor in a divorce, or it can be used against you.
Areas Where Digital Evidence Can Be Powerful in a Divorce Case
There may be a number of disputed issues in your case where digital evidence can be helpful. These include:
- Evidence of an affair if one spouse is seeking a fault-based divorce.
- Where there has been poor co-parenting behavior.
- A record of abuse or mistreatment.
- Any agreements made between spouses.
- Admissions made about finances.
- Differences in lifestyle versus claimed income.
How to Obtain Digital Evidence in a Divorce in Edison
You may begin a divorce case with some of this evidence already in your hands. You may have communicated with your spouse, and you have direct proof of their behavior through your own evidence. If you already have these forms of digital evidence, it is vital that you maintain and preserve them. Make sure to give these to your family lawyer early in your case so that they can catalog and keep them.
Even if you do not directly have the proof yourself, there may still be a chance in your case for you to obtain it. In any contested divorce case that is proceeding towards a hearing, there will be a discovery phase. Here, you will be able to make discovery requests that seek these communications. However, the same requests may be made of you. There may be serious consequences in a case if one spouse has either destroyed relevant evidence or has failed to comply with discovery requests.
How Digital Evidence Is Used in Your Divorce Case
Digital evidence could be independent proof on its own. For example, if you have a slew of texts in which your spouse is threatening you, it is evidence of abuse that could affect the outcome of your case.
You can also use these forms of communication to either corroborate or contradict other facts in your case. Your spouse may be contesting spousal support because they claim that they do not earn the money to pay it. However, if you have pictures of them taking expensive vacations, or you have other discussions of financial largesse, it can disprove what they are saying. At the same time, your family lawyer could confront your spouse with evidence in cross-examination when it is inconsistent with what they have testified about on the stand.
Are There Any Limits on the Use of Digital Evidence in a Divorce?
First, you need to be careful about how you obtain any digital proof for your divorce case. If you access your spouse’s accounts in an unauthorized manner, not only could the evidence be inadmissible, but you could also end up in trouble.
Second, the evidence must be authenticated before it is allowed to be used in your case. This is often a challenge, especially when you are dealing with text.
Finally, the digital evidence must be relevant to an issue in your case. A court may not allow you to present just any type of evidence, especially when it is unnecessarily embarrassing to your spouse. Salacious communications may not ultimately be relevant to your divorce. The evidence must directly bear on an issue that is in dispute in your case.
Edison Divorce Lawyer at Thakkar Family Law Is Ready to Discuss Your Case
To learn more about issues such as digital evidence and other key considerations in your case, speak with the Edison divorce lawyer at Thakkar Family Law. Our experienced and compassionate legal team will provide the guidance, support, and legal representation you need to move forward with confidence. Call us today at 732-456-7456 or fill out the online form for a free consultation. We are located in Piscataway, New Jersey.