How Can Digital Evidence be Used as Evidence During a Florida Divorce?

Florida is a no-fault divorce state. This means that neither you nor your spouse must prove that the other is to blame for the marriage ending. One of you must only show that the relationship is irretrievably broken. Still, there are times when arguments of fault can help or hurt a case, such as when resolving alimony or property division issues. In these instances, digital evidence may be used to prove the wrongdoing. Below, one of our Tampa divorce attorneys explains in greater detail.

How Text Messages are Used as Evidence

Text messages are not automatically admissible during a Florida divorce, but this does not mean they cannot provide important evidence. The text message must first be considered relevant, meaning it must contain something that is pertinent to the dispute. A text about picking the children up from school does not carry as much weight as one that contains threatening language.

The text message must then be authenticated. This means the court must determine the text is real and that it was sent by the person who is being accused of it. This can be done through phone numbers, context, account details, reply patterns, or forensic extraction.

How Social Media Posts are Used as Evidence 

Regardless of whether they are public or private, social media posts can be used as powerful evidence in Florida divorce cases. The posts must still be authenticated, and appearing online is not enough to satisfy this requirement. Public posts can be seen by the court and the other side, while private and direct messages can be requested through formal discovery.

How to Use Digital Evidence in Divorce

Many people think that to prove their spouse sent them a threatening text message or posted an inappropriate picture to social media, they only have to take a screenshot of the material. Screenshots are useful, but they are not always enough to challenge the other side. Screenshots can be edited, cropped, taken out of context, or entirely fabricated.

Forensic extraction is an option that is often more reliable. This is a specialized process that pulls information directly from an account, phone, or other device in a manner that preserves metadata such as device identifiers, timestamps, and source information. This can make it more challenging for your spouse to argue that the evidence was fabricated or altered in any way.

Other ways to authenticate digital evidence include testimony from a witness with firsthand knowledge of the content, your spouse admitting they sent or posted the material, or matching phone numbers.

Our Divorce Attorneys in Tampa Can Provide the Advice You Need 

One of the most important things you can do when going through a divorce is to think carefully about everything you post to social media, and every text, email, or other online activity you engage in. At All Family Law Group, P.A., our Tampa divorce attorneys can help you understand the evidence important in your case, how to protect yourself, and the next steps to take. Call us now at 813-672-1900 or contact us online to request a free consultation and to learn more about how we can help. Se Habla Espanol.

Source:

leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&URL=0000-0099/0061/0061.html