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Technology and Divorce Litigation-Pros and Cons

The prospect of going through an Orange County divorce can be pretty daunting for anyone facing it for the very first time. One of the leading fears that can overcome you in that point of time is the fear of walking into court. This can particularly increase in times where one of the spouses is not aware of the divorce process to be followed, and the level of technology that can be used against them in courts.

The role of technology in a divorce case has often been ignored, yet in reality it can either make or break your case and your chances of success.

The use of technology can really help you in fighting your divorce case. All that needs to be done is proper and smart use of technology to gain advantage and evidence over the other spouse. What would you do in a case where you think that your spouse has sent a number of texts to his or her business partner highlighting some of his offshore bank accounts that he or she has hidden from you in divorce?

Cons

While the messages may hold the key to proving the dishonesty of your spouse, the problem and the fact remains that it will be next to impossible to get your hands on such a text in any case. The first reason is that the phone company often deletes the volume of messages every three days, therefore ending any chance of them being available in the first place.

This is especially true since, before presenting new evidence, the family law rules requires the party to serve a notice to the opposing party several days in advance of serving a subpoena on a cell carrier provider, for example. This is what can prove to be a con of technology, since it can’t help the person in need of help despite having the evidence required.

Pros

While this is a con of the role of technology in a divorce, there are also a host of pros that technology offers in cases of divorce. What if during the divorce proceedings your spouse or their lawyer accuses you of stalking them and/or harassing them. What can you do to respond to such a claim in the secondary case of a restraining order?

The first and most obvious thing to do is to provide a valid explanation, such as a person who witnessed your innocence. The second way, on the other hand, is to use your smartphone as your verifier of truth.  This can happen by using the phone’s GPS facility to show your whereabouts at the time of the alleged incident.

Some Interesting Tech and Divorce Facts

  • A large number of divorce investigators and family lawyers spend a large amount of time on social media interacting with existing and potential customers.
  • Any information that is posted by your spouse on their social media account can be used as evidence against them in court.
divorce_attorneyGerald A. Maggio is an experienced Orange County divorce and family law lawyer and family law attorney located in Irvine, California, serving the Orange County and Riverside areas. Mr. Maggio assists clients with legal issues including divorce, legal separation, divorce mediation, child custody, prenuptial agreements, stepparent adoptions, and other family law issues. Mr. Maggio has practiced law in California since 1999, and founded The Maggio Law Firm in 2005, focusing exclusively on divorce and family law matters.

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