What You Should Know About Digital Evidence in Divorce Cases in New Jersey

Did you know New Jersey has one of the highest divorce rates in the country? As technology integrates even more into our lives, digital evidence like social media posts and text messages can significantly impact divorce and other family law cases. Learn how to protect yourself and understand the importance of digital evidence in divorce proceedings.

Did you know New Jersey ranks third in the United States with a staggering 15.6% divorce rate? This high rate is attributed to the state’s dense population, making divorce a common, yet complex, reality for many NJ residents. As our lives increasingly enmesh with technology, digital evidence plays an increasingly pivotal role in divorce proceedings. 

Your digital footprint, including social media activity and text messages, can play a big role in your divorce case. Knowing what counts as digital evidence and how it can be used is essential for anyone going through a divorce.

What Counts as Digital Evidence in a Divorce or Family Law Case?

Electronic messages are often used as incriminating evidence against an ex-spouse to win in child custody battles and other divorce decisions. Many family law attorneys report using text messages, emails, and social media digital messages throughout hearings.

Digital evidence is significant because it can provide important information about the behavior, actions, and intentions of both parties involved in a divorce or other family law matter. This evidence can help establish facts, support claims, and challenge the other party’s testimony. 

Importantly, digital evidence is admissible in court and can significantly impact the outcome of a divorce case. Whether it’s proving infidelity, hiding assets, or demonstrating a spouse’s financial habits, digital evidence can be a game-changer in divorce proceedings.

Examples of Digital Evidence

Here are common examples of digital evidence that can be relevant in a divorce or other family law case:

Emails: Emails between spouses or between one spouse and a third party can reveal necessary information about the relationship and any potential misconduct.

Text Messages: Text messages can be used to show communication patterns, abusive behavior, or evidence of an affair.

Social Media Posts: Posts and messages on social media platforms like Facebook, Instagram, or Twitter can provide insight into a spouse’s activities, whereabouts, and interactions with others.

Financial Transactions: Online banking records, credit card statements, and transaction histories can uncover hidden assets, spending habits, and financial discrepancies.

Photos and Videos: Multimedia files stored on smartphones or shared online can serve as evidence of inappropriate behavior or activities.

How Is Digital Evidence Collected?

Collecting digital evidence requires careful and lawful practices to ensure its admissibility in court. Here are steps to consider:

Preserve the Evidence: Save and back up any relevant digital data to prevent it from being altered or deleted. This includes screenshots, copies of emails, text messages, and social media posts.

Avoid Tampering: Don’t alter or manipulate digital evidence in any way. Tampering with evidence can result in it being deemed inadmissible in court.

Seek Legal Advice: Consult with your attorney to understand what types of digital evidence will be most valuable to your case and how to obtain it legally.

Use Professionals: In some cases, hiring a digital forensics expert may be necessary to retrieve and analyze digital data, especially if it has been deleted or is difficult to access.

Follow Legal Protocols: Ensure that all evidence is collected following legal protocols and privacy laws to avoid any legal issues.

How Is Digital Evidence Used in Court?

Once digital evidence is collected, it can be presented in court to support various aspects of your family law case. Here’s how it can be used:

Supporting Claims: Digital evidence can be used to back up claims made by either party, such as allegations of infidelity, abuse, or financial misconduct.

Challenging Testimony: If one spouse provides false or misleading testimony, digital evidence can be used to challenge and contradict their statements.

Determining Custody and Support: Evidence of a spouse’s lifestyle, behavior, and financial situation can influence decisions regarding child custody, alimony, and child support.

Uncovering Assets: Digital evidence can help identify hidden assets or undisclosed income, ensuring a fair division of property and financial resources.

Can You Prove Your Ex Posted About You Online?

Navigating a divorce is tough, and it can get even more complicated if your ex is posting negatively about you online. This can include anything from revenge videos and deep fake videos falsely showing you cheating, to lies and rumors spread across social media platforms. These actions can be damaging, but there are ways to prove that your ex is behind these posts.

To gather digital evidence, start by looking at the metadata of the images or videos posted online. Metadata can reveal details like the date and time a file was created and sometimes even the device used. Additionally, texts or emails discussing the posts can serve as evidence.

Your experienced family law attorney can help you by referring you to cyber forensic experts who can help in compiling this digital trail. The digital evidence will build a strong case to show that your ex is responsible for the harmful content online. 

Online Behavior Tips During Your Divorce Case

Our online presence can significantly impact divorce proceedings. Here’s what you need to know to manage your online activities wisely during this difficult time.

What You Should Do Online During a Divorce Case

• Stay Neutral: Avoid posting anything that could be seen as negative about your ex-spouse, the divorce, or the legal process.
• Highlight Positivity: Share uplifting content, like hobbies, achievements, and moments with family and friends.
• Engage Carefully: Be mindful of comments and interactions on social media. Always aim for positive engagement.

Secure Your Personal Information

In a divorce, safeguarding your personal information is very important:

• Change Passwords: Update all passwords for your email, social media accounts, and any other online services. Choose strong, unique passwords (think 32 characters, including numbers and punctuation, without using a guessable phrase) to enhance security.
• Enable Two-Factor Authentication: This adds an extra layer of protection by requiring a second form of verification.
• Review Privacy Settings: Adjust your social media privacy settings to control who can see your posts and personal information.

Keep Communication Clear and Respectful

Effective communication is critical to a smoother divorce process:

• Be Respectful: Always communicate respectfully with your ex-spouse, even if emotions run high. This helps in maintaining a civil relationship, which is especially important if children are involved.
• Stay Clear: Make sure your messages are clear and concise, avoiding misunderstandings and misinterpretations.
• Use Formal Channels: Use official communication methods rather than social media or text messages for meaningful discussions.

Avoid These Online Mistakes During Your Divorce

Here are pitfalls to steer clear of:

• Venting Publicly: Sharing frustrations or negative comments about your ex-spouse on social media can be damaging and may be used against you in court.
• Oversharing: Avoid sharing too many personal details about your life, especially anything that might reflect poorly on you.
• Inappropriate Behavior: Engaging in online dating or questionable activities can negatively impact your case.
• Ignoring Legal Advice: Always follow your lawyer’s advice regarding online activities. They can guide you on what to avoid to protect your interests.

Consequences of Bad Online Behavior in Divorce Cases

In New Jersey, cyber harassment and cyberstalking are taken very seriously. They can result in severe penalties, including imprisonment, fines, and a permanent criminal record. If you face charges for cyber harassment, consult with a competent criminal defense lawyer who understands the constantly evolving laws in this area.

Understanding N.J.S.A. 2C:33-4.1

Cyber harassment is addressed in the New Jersey Criminal Code by N.J.S.A. 2C:33-4.1. According to this statute, a person is guilty of cyber harassment if they use social media or any electronic device to:

• Make a threat against another person.
• Cause injury or harm to another person.
• Commit a crime against another person.

The law requires the prosecution to prove that you intended to cause emotional harm or place the other person in fear of physical or emotional harm. However, this element of proof can be interpreted broadly. 

The prosecutor may only need to establish that a reasonable person would have felt threatened by your online communication. This means that publishing menacing words, or even lewd or obscene content online, could violate the cyber-harassment statute.

Additionally, being charged with cyber harassment in New Jersey doesn’t protect you from facing other criminal charges, such as terroristic threats or stalking. During a divorce case, your heated online venting could change the outcome of your custody arrangements, financial settlements and, certainly, your reputation. 

Contact the Knowledgeable Family Law Attorneys at Smedley Law Group, P.C. in Woodbury, NJ Today

If you’re facing a divorce, you’ll also most likely be dealing with another matter like child custody, child support, or division of assets, so you’ll need to speak with a qualified attorney. The New Jersey family law attorneys at Smedley Law Group, P.C. represent clients throughout the state, including West Deptford, Woodbury Heights, Runnemede, and Westville. 

We understand how challenging this time can be for you, which is why we will fight hard to protect your interests, and the interests of your loved ones, throughout the legal process. Call us at (856) 251-0800 or fill out our confidential contact form to schedule a consultation. We have an office conveniently located at 750 Cooper Street, Woodbury, NJ 08096.

The articles on this blog are for informative purposes only and are no substitute for legal advice or an attorney-client relationship. If you are seeking legal advice, please contact our law firm directly.