Articles & News

How to Find the “Smoking Gun” in Divorce Proceedings


by: Steve Linn

Divorce proceedings are usually extremely contentious and stressful for both parties.

The root of many divorce cases is found in the secrets that one spouse (or both spouses) keep from each other.

In the “old days” before computers, an aggrieved spouse would have to locate hard copies of evidence showing that his or her spouse was hiding material evidence.

However, nowadays computers are used for just about everything.  Specifically, computers are often used to open or access a bank account a spouse is hiding.

Often a spouse is sloppy and never suspects his online activities will be discovered.  Others believe they are safe if they delete their browsing history and cookies.

Not so.

Even if you place files in the garbage and empty the garbage, that data can remain on the computer!

Here are some common applications that digital forensic evidence can help you in a divorce proceeding:

– It can help with protection orders.  We often find that people will text or email threatening messages – even if deleted.
These messages are very likely recoverable on cell phones and in email.

– Hidden emails to third parties which disclose material evidence.

– Financial evidence which shows hidden money subject to a divorce settlement or judgment.

-Documents of bank statements, account information

-Email communication with intentions to hide funds

– Facebook and social media accounts that show spouses intentions, communication, activities.

-Calendar appointments.

Digital forensics may reveal an entire world that your client is completely unaware of!

Plus, it is a great tool to gather evidence which  can be used to impeach the other party’s testimony.

Indeed, such evidence is a powerful weapon to have during a divorce proceeding.

Give us a call to see how this can work for you.