Digital Evidence in a California Divorce
Digital evidence plays a crucial role in many modern California divorces. As we spend more of our lives in the digital world than ever before, we inevitably leave more evidence behind in cyberspace. This evidence may arise during divorces, and it could alter the entire trajectory of these legal processes. Before you use digital evidence in your divorce, you need to know what to look for. Many spouses collect digital evidence on their own, and you do not need help from an attorney to snap a few screenshots. However, for more complex situations, consulting a Redlands divorce lawyer can ensure that the evidence is used effectively and legally. What kind of digital evidence might you need, and how do you use this evidence to your advantage? Additionally, if you reside in the Inland Empire area, a reputable divorce law firm in Redlands can provide specialized local assistance tailored to your specific needs.
Social Media Posts
Perhaps the most obvious form of digital evidence in a divorce is social media content. A social media profile often represents a treasure trove of information. Although you can certainly capture evidence from your spouse’s profile, you can also gather plenty of information from other profiles. As long as this evidence is relevant to your case, it might be worth capturing.
Although many spouses do not realize this, a social media post is like a signed statement. It carries the same weight in court, your ex might struggle to distance themselves from their posts. However, the sword cuts both ways. Your ex can also use your social posts against you. This is why most divorce lawyers in California recommend that their clients take a hiatus from social media until their marriages are dissolved.
Another interesting feature of social media evidence is its ephemeral nature. Ephemeral content is self-deleting, and it is becoming quite common in the modern era. Examples include Instagram stories, “vanish-mode” messages, and more. Some apps feature only ephemeral content, such as Snapchat.
Ephemeral content can be difficult to capture for obvious reasons. However, a simple but effective solution is to take a screenshot. This can capture potentially important social media evidence before it disappears. Even if content is not self-deleting, your ex (or anyone else) may manually delete it at a later date. By taking a screenshot and saving the image file, you can prevent the loss of this evidence.
That being said, the screenshot method is not entirely perfect. If you never notice the post, you cannot screenshot it. It might seem unrealistic to constantly monitor your ex’s social media pages for any new content that might be incriminating or useful. If you miss a crucial Instagram story 24 hours after your ex posts it, there is no “rewind button.” That said, some apps claim to offer automatic screenshot technology – and this may be worth exploring. On the other hand, some apps have built-in technology that automatically prevents screenshots.
What kind of social media evidence should you collect in a California divorce? It all depends on what you are trying to prove. Although California is a no-fault divorce state, you can still prove misconduct after filing for divorce. For example, you might want to prove that your ex abused your children or sexually harassed you. Perhaps you want to establish that your ex was unfaithful during the marriage. Maybe you need to show the extent of your ex’s substance abuse issues.
Whatever the case may be, virtually all forms of misconduct can be established via social media evidence. For example, a social media post might show a bong or other drug paraphernalia sitting on a table in the background. Your ex might brag about cryptocurrency investments online, despite never disclosing these assets during property division.
Financial Data
Speaking of cryptocurrency, another crucial form of digital evidence is financial data. This applies not only to crypto but also to other assets. An online banking statement can provide plenty of clues. Credit card statements may also shed light on wasted marital assets, extramarital affairs, and various other questionable transactions.
While financial data can expose misconduct, it is often used to expose concealed assets. This is a common issue in California today, particularly among high-net-worth couples. There is a real incentive to use all kinds of accounting tricks to hide funds, especially in a community property state like California. That said, even relatively low-income individuals now have access to concealment methods.
In previous decades, sophisticated asset concealment strategies were reserved for the ultra-wealthy. These strategies mostly revolved around offshore banking, corporate schemes, and perhaps precious metals. Today, virtually anyone can create a crypto wallet and store assets anonymously on the blockchain.
Although the blockchain is anonymous, it is not completely untraceable. Within the past few years, an entire industry dedicated to crypto tracing has emerged. Even without professionals, it may be possible to trace crypto by simply viewing banking records. After all, every crypto investor must transfer funds from their bank account onto a crypto exchange before they can start concealing assets. That initial bank transfer provides a clear paper trail.
Work Emails
Work emails may also be worth exploring. Many high-income professionals attempt to defer their bonuses or raises until after their divorces. This strategy could theoretically save them from handing over these funds during property division. Deferring raises and bonuses could also be beneficial for support calculations. Keep in mind that some corporate executives earn hundreds of thousands per year (or millions) only in bonuses. Deferring these payments could be an incredibly profitable endeavor.
Accessing work emails can help spouses uncover these strategies. Work emails could also provide all kinds of additional clues about more subtle forms of income, such as stock options or partnership stakes.
Contact an Experienced Redlands Divorce Attorney
If you are serious about collecting effective digital evidence as you approach divorce, contact the reputable divorce law firm Milligan, Beswick, Levine & Knox, LLP. We understand the pivotal role that digital evidence plays in the average divorce, and we can help you approach this evidence with confidence. While you can snap a few screenshots without assistance, we can help you get the most out of this evidence. Book your consultation by calling us at 909-894-0812 today with our experienced Redlands divorce lawyers to discuss your next steps.
Stephen Levine, is a Board Certified Specialist in Criminal Defense — an honor achieved by only the top criminal law attorneys in California. Mr. Levine has over 40 years of experience in criminal defense and family law serving Southern California, and is a highly regarded Super Lawyer as well as AV Rated attorney.