What Happens To Electronic Data In Divorce?

With the amount of information we put out there online through our use of smartphones and social media, it is not surprising that often, this data is used as evidence in divorce cases. Smartphones are the modern-day filing cabinet, containing tons of valuable information about their owners. Attorneys seek out this information during discovery to ensure both parties receive a fair shake in the divorce. If you post something online, you should assume that that information will make it to your spouse’s attorney.

There are steps you can take to protect your private data, and you should be prepared to do so the moment divorce becomes imminent. Here are a few tips to keep your private data private:

  1. Change ALL your passwords that your spouse may have had access to: your emails, your tablet passcode, your cell phone pin, your online banking and anything else you use on a regular basis.
  2. If you must post on social media, leave out everything related to your divorce, purchases or travels. If you are going to post photos, know that all photos posted from mobile devices carry GPS coordinates in their metadata, and your spouse’s attorney will be combing through that data.
  3. Separate yourself from any shared accounts, including bank accounts and even social media accounts.
  4. Back up any important data on your devices somewhere where only you have access.
  5. Check your privacy settings on social media and, if necessary, remove your spouse from your social media accounts.
  6. Don’t delete anything! Deleting your data is considered spoliation of evidence and will hurt your divorce case.

By digitally separating yourself from your spouse, you protect any valuable information a spiteful spouse might try to use against you while preserving that spouse’s right to electronic discovery.

Our Denver divorce lawyers use cutting-edge discovery tactics to ensure our clients are protected in divorce.