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Understanding digital data within high asset divorce

Technological advancement is an amazing thing. For many Maryland residents, technology has led to substantial improvements in virtually all aspects of life. When it comes to high asset divorce, however, technology can make it difficult to reach a fair and favorable outcome. It is imperative that spouses understand how digital data is stored, and how it might be retrieved and resurrected within a divorce case.

Many people believe that when they hit the "delete" button on their computer, they are definitively eliminating data. In reality, however, it is incredibly difficult to thoroughly and absolutely remove information from a computer, tablet or cell phone. That is why national news so often revolves around information gathered from email, hard drives and cell phones.

For spouses who suspect that their partner may be concealing information concerning assets, it is important to gather as much information as possible to prepare for the property division process. This may require the services of a forensic technician to comb through digital devices in search of financial clarity. Many spouses are able to complete this process before filing for divorce, while others may need to approach the court to seek an order to examine digital devices.

On the other side of the coin, spouses who are not acting to conceal assets may wish to preserve their privacy when it comes to digital devices. It is possible to do so, however incredibly difficult for the layman. It may require professional assistance to ensure that any information that is personal in nature and has no bearing on the fair division of assets is thoroughly removed from a computer or other device.

Maryland spouses who are concerned about digital data should contact a divorce attorney for guidance in this matter. Attorneys are familiar with the extraction and use of digital information during high asset divorce. They are able to guide clients in selecting professional services that can address digital storage in the interest of reaching a fair and favorable outcome.

Source: The New York Times, "In a Divorce, Who Gets Custody of Electronic Data? The Lawyers", Jonah Engel Bromwich and Daniel Victor, Oct. 31, 2016

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