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July 25, 2019 Blog

Electronic Evidence In Your Divorce Case

Written by: Tony Kehoe

What types of electronic evidence can be legally collected in your divorce case?

usb drive being collected as evidence in divorce case

Data from electronic devices can often make or break a divorce case. Data that is relevant to your case may be found on cell phones, laptops, home computers, tablets, or other similar devices. The most common types of electronic evidence are pictures, videos, text messages and emails. However, there could be much more evidence available that can be obtained when the data from the device is reviewed, such as internet browser history, telephone call logs, old social media posts, GPS location tracking and even recovery of deleted data. This data can be used to paint the picture of a person’s true character to a judge. It can also be used to discredit testimony or prove someone is lying. With that said, it is important to make sure you are obtaining the electronic evidence legally.

How are electronic devices collected?

laptop and phone on a desk

It is important to obtain electronic devices legally to ensure that the evidence collected is admissible in court. An example of what NOT to do would be using your spouse’s thumb to unlock their phone while they are sleeping. There is an expectation of privacy that exists when a password protects a device and attempting to bypass that password illegally could render the data you obtain inadmissible in court. Not only could your case suffer, but there may be criminal implications as well. One way to gain access to your spouse’s electronic devices is through the discovery process. Lawyers at Gailor Hunt can discuss with you in more detail how to obtain electronic data safely and legally.

What is the process for collecting electronic evidence?

Once a device is obtained, it is typically turned over to an expert who creates an electronic copy of the device. Since the device may contain attorney-client privileged or other confidential information, prior to reviewing the data there needs to be an agreement made with respect to what data may be searched. If the parties cannot reach an agreement, they may need to seek the court’s assistance prior to searching the device.

Can your cell phone be imaged? Can your spouse obtain a copy of your Facebook archive? What about text messages and emails? In our Podcast, Jaime Davis is interviewed by her interns Grace Massarelli and Olivia Daniels about evidence in child custody cases.

Podcast 12: Evidence in Child Custody Cases
Click Here To Listen!
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Tony Kehoe is an attorney in North Carolina with a background in criminology. Specializing in family law, Tony’s extensive work as a legal assistant before becoming an attorney forged his mastery in attention to detail. His dedication to his work and his clients makes him a great asset to the firm. Tony is also heavily involved within the Raleigh community, where he serves as a Board Member at Capital City Clauses. If you have a question about this article, you can email Tony at
The information provided on this website is for general informational purposes only. The content on this website is not intended as legal advice and should not be construed as such. The facts relating to every situation are different and you should not act or refrain from acting based upon any information provided on this website without first consulting legal counsel. To obtain legal advice tailored to your specific circumstances, please contact us to schedule a consultation with one of our attorneys.

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