Email Being Used More In Divorce Cases

By Mike Sachoff - Mon, 02/11/2008 - 12:05pm.

Use of electronic evidence increasing

The majority of U.S. divorce attorneys (88%) say they have seen an increase in the number of cases using electronic data as evidence during the past five years, according to a survey of American Academy of Matrimonial Lawyers (AAML).

Email was the most commonly used form of electronic evidence, with 82 percent citing it as the main source. The survey found a gender difference in that women are more likely to use electronic evidence than men. In all 27 percent of lawyers said wives used electronic data more often during a divorce case while only 5 percent said husbands did.

Text/instant messaging and Internet browsing history tie for second behind email with 7 percent each, while 1 percent of the respondents cite data taken from GPS systems.

James Hennenhoefer

"As in all other areas of our lives, technology is having a big impact on the way that divorces are now conducted," said James Hennenhoefer, president of the AAML.

"Many people still don't realize how much evidence can be gleaned from personal electronics ranging from computers to cell phones and GPS devices. In the Internet age, there is often a very clear trail that has been left behind and can be easily traced."