Getting a divorce is a complex process for most people, especially if issues come up with one or both parties. You may find that you need to have evidence in divorce court if you have marital assets to divide or if you need child support. In this article, we will be discussing what role digital evidence plays in divorce court in Dayton so that you know what to expect.
Types of Digital Evidence Used In Divorce Cases
With modern-day technology being so widely used, it has become an integral part of evidence in court. This also applies to divorce court, where you need to represent your case to get the desired outcome. Keep in mind that it is always a good idea to hire a divorce attorney to help represent you in court, no matter the situation. They have the expertise and knowledge that you don’t have that can help you navigate this process.
Text Messages: One of the main ways that people communicate is through text messages, which can also be used as court evidence. Text messages can show conversations that could implicate the other party, such as exposing cheating or dishonest behavior. Even deleted text messages can often be recovered to collect more evidence that the other person is trying to hide.
Social Media Posts: A lot of people use their social media quite freely and forget that it is accessible to everyone. That is why social media can be a great source of digital evidence when trying to build your case for a divorce.
Dating Profiles: In the instance of infidelity, dating profiles are a great type of digital evidence that shows the possibility of affairs. It works much like text messages, as chats are usually available, and it can help to show the intent of infidelity.
Emails: Like text messages, emails are a very popular way of communicating with people and can be recovered even after they are deleted. These can be a great source of uncovering hidden assets or discussions about custody and parenting disputes.
Digital Records: Digital evidence often takes the form of online communication, but this isn’t always the case. Digital records can be instrumental and come in different forms, from digital files to online notes.
How Digital Evidence Is Used In Divorce Court
Creating a divorce case can feel overwhelming since it isn’t always easy to collect evidence. The good news is that in this digital day and age, evidence is at your fingertips, helping you to get a fair divorce. Here are some examples of how digital evidence can be used in a divorce case in Ohio.
Hidden Assets
A big part of divorce court is dividing assets according to the circumstances of the divorce and the parties involved. In some instances, people may try to hide their assets so that they do not have to split them with the other person in a divorce. The good news is that this is much harder to do since so many people use online banking services, such as financial apps and financial management tools. These online platforms can be accessed to prove whether or not the other party is hiding assets that are considered marital property.
In some situations, social media can also be helpful when it comes to proving a person’s finances. Social media can showcase a person’s lifestyle and spending habits if they are claiming to have limited financial resources.
Infidelity
One of the most common reasons for divorce often comes down to infidelity allegations from one person or the other. With the use of digital evidence, this can become very easy to prove with things like dating profiles, text messages, photos, and videos. GPS tracking can even be used to track where the person’s phone has been, proving that they have been seeing other people.
Keep in mind that this kind of evidence isn’t always irrevocable since it may not prove that an actual affair has been committed. It may simply prove that there was intent to commit adultery or the person has been having an emotional affair.
Custody and Parenting Disputes
Another prevalent part of divorce court is custody and parenting disputes between both parties. Digital evidence can become useful when it comes to evaluating a parent’s ability and willingness to participate in their parental responsibilities. For instance, they may say that they cannot afford child support, but their online banking records or social media posts prove otherwise. Social media and text messages can also prove whether or not someone has the responsibility and the lifestyle that is appropriate for caring for a child.
Domestic Violence
If a divorce case involves domestic violence, digital evidence can be essential for protecting the other party. Things like emails, text messages, voicemails, and other types of evidence can be used to depict abusive behaviors and situations. In these situations, the digital evidence can serve as proof when getting an order of protection as well as a divorce.
The Importance of Legally Obtaining Digital Evidence
Even though digital evidence is very useful, it is important to remember that there is a right way to obtain this evidence. If you obtain it illegally, it isn’t going to help you; in fact, it could hurt your case. The best way to get digital evidence for your divorce is through the discovery legal process, which allows the court to collect evidence. You can also legally collect your own evidence in the form of saving text messages, taking videos and photos, and recording disputes or arguments with your partner. Just make sure that you record your partner when they are in a public space, and you aren’t accessing their private online information.
Get In Touch With Richard P. Arthur
If you are getting a divorce in Dayton, Ohio, you need to hire a divorce attorney who can represent you and help collect evidence. You can call 937-254-3738 to have a consultation with Richard P. Arthur and discuss the details of your case. Richard P. Arthur can help you get what you deserve out of your divorce, as well as handle child custody and support matters.