Nation's Top Divorce Lawyers Note Dramatic Rise in Electronic Evidence

According to data collected by the American Academy of Matrimonial Lawyers (AAML), 88% of the country’s divorce lawyers cite an increase in the number of contested divorce cases using electronic data as evidence in the past 5 years. 

Though e-mail is the most frequently used form of electronic evidence, other forms of data used in divorce proceedings includes text messages, instant messages (IM), internet browser history, social networking site information, photos from camera phones, toll tag, and data from vehicle and stand alone GPS devices. 

Technology has become so ingrained in our daily lives that it follows us to the courthouse in family matters.

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Spoliation - Food Poisoning or Evidentiary Blunder?

Spoliation is the improper destruction of evidence. Once evidence is destroyed, it gives rise to the presumption that the destroyed evidence would have been unfavorable to the party who destroyed it – a/k/a, the spoliator. 

When parties are contemplating divorce, or reasonably know that a divorce action will be filed, neither the husband nor the wife should destroy evidence which may be relevant to the case. This would tangible and intangible evidence, including but not limited to e-mails, financial records, diaries, photographs or any data which may be relevant to the divorce suit. When parties first meet with a divorce lawyer, the lawyer should make them aware of spoliation and the potential consequences.

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