Technology In A Divorce

One topic that comes up often during discovery in divorce proceedings is electronically stored information. Electronically stored information is exactly what it sounds like. It is information that is stored in a cell phone, on a DVD, on a CD, in a computer.

This information is all discoverable during divorce proceedings. It's important to know that it's discoverable because it may be useful when going through the discovery process in your divorce proceedings. You may have suspicions that your spouse has been unfaithful and there may be information contained in their cell phone in their e-mails providing support for your claims.

It's important that you understand or you seek out an attorney who understands the importance of ensuring that that information does not disappear. The electronically stored information can be saved in a number of ways. Your attorney can send a letter to your spouse or your spouse's attorney requesting that that information be saved and not deleted.

There are other options as well, such as seeking a court order from the court to prevent either party from destroying any electronically stored information. It also can work to your detriment, however. Just as you may have concerns that your spouse may be unfaithful, your spouse may have concerns with anything that you've done.

So it's important to know that with electronically stored information can be sought and must be saved once preservation letters and court orders have been sent out, and it can be obtained by attorneys through the discovery process.