Electronically stored information is a hot button issue in litigation. It may be even hotter in divorce matters where evidence of infidelity often is found in emails, text messages, voice mail messages and more. Obtaining these various forms of information is tricky business because of a variety of state and federal laws that govern unauthorized access to them.
A case in point came down in Tennessee in July 2012 where the wife, who also was an attorney, had installed certain “spyware” on multiple computers that her husband used. When she found evidence of his infidelity, the gloves came off in the divorce proceedings where infidelity would make a significant difference to her share of the marital assets under a pre-nuptial agreement. The bottom line: the court was not impressed with her actions.
The old saying “Know Before You Go” is applicable in the world of electronics. Know what is and is not legal when accessing electronically stored information by speaking with an experienced attorney. And recognize the value of such information being disclosed in a divorce mediation prior to protracted litigation that ends up being the subject of multiple blogs.
Filed under: Alimony, Alternative Dispute Resolution, Arbitration, Child Custody, Child Support, Co-Parenting, Collaborative Law, Discovery, Divorce, E-Neutrals, Electronic Discovery, Equitable Division of Property, ESI, Infidelity, Litigation, Mediation, Mediation Coaching, Negotiation, Neutrals, Property Division, Separation and Divorce
