Few Arizona readers will have been able to avoid media coverage of the FBI’s recent decision to examine emails connected to presidential candidate Hillary Clinton and one of her top aides. Those emails were discovered during an investigation of the aide’s estranged husband, former congressman Anthony Weiner. The topic has prompted discussion about the impact that digital data can have on a divorce case.
Technology has become such a part of daily American life that it is difficult to remember a time when we did not rely upon digital devices. Many people have embraced their computers, cell phones, tablets and other devices, without fully understanding how those tools work. Some believe that by simply deleting items from their device, they are erasing all traces of their digital activities. In reality, however, it is incredibly difficult to fully eliminate one’s digital footprints.
When it comes to divorce, digital data offers divorce attorneys a deep well of information that can be used to improve the case for their client. Often, attorneys are concerned with information that pertains to financial matters and issues related to child custody. Even so, spouses are often distressed at the thought of strangers having access to everything they have done online.
The best way to address this issue is to discuss digital data with a qualified divorce attorney. There are steps that can be taken to minimize negative impact of digital data, but those measures must be taken early on in the divorce process. Many Arizona divorce attorneys have professional relationships with technology experts that can help spouses address these and other technological concerns.
Source: The New York Times, “In a Divorce, Who Gets Custody of Electronic Data? The Lawyers“, Jonah Engel Bromwich and Daniel Victor, Oct. 31, 2016