Electronic Evidence in Divorce Cases

Two spouses that decide to separate will each fight for a favorable divorce settlement. Typically, an individual can help his or her settlement leverage with any evidence that he or she can bring against his or her spouse that proves infidelity, fraud, or other acts that may have strained the marriage.

It is important to note that not all forms of evidence can be considered in divorce settlements because some evidence may have been obtained illegally. This is often the case with forms of electronic evidence, which many times intrude on the privacy of others.

What Is Electronic Evidence?

Electronic evidence is any evidence gathered by electronic devices. Most often, electronic evidence is classified as evidence gathered from:

• Wiretapping
• Recorded conversations
• Spyware programs
• GPS devices

Depending on a specific state’s laws and the circumstances surrounding the case, some of these forms of evidence may not be valid in a court of law and, therefore, cannot be used to obtain a more favorable divorce settlement.

When Electronic Evidence is Invalid

The circumstances surrounding evidence gathering may play a large factor in whether specific pieces of evidence may be used in divorce court. Electronic evidence may be considered invalid when the methods for gathering evidence were:

• Installed after separation
• Targeted at one spouse

It is important to note that recording conversations without the consent of another person is not illegal in some states. In states where this act is illegal, individuals may not use recordings taken without the other parties’ knowledge as evidence in court.

Contact Us

Ultimately, it can be difficult to determine whether a piece of evidence can be used in a divorce court, especially when the evidence is electronic. To learn whether you can use electronic evidence against your spouse, please contact the Austin divorce attorneys of Slater & Kennon at 512-472-2431 today.