In the Digital Age It Is Much Tougher to Hide Assets in Divorce

June 08, 2012

In the Digital Age It Is Much Tougher to Hide Assets in Divorce

When it comes to property division in divorce cases, some spouses and partners employ devious and sometimes fraudulent means to hide money and assets from the asset division process. Today, however, it is becoming harder and harder to create a secret stash because of electronic discovery.

As reported in the Wall Street Journal, over the last five years, more than 80 percent of family law attorneys who belong to the American Academy of Matrimonial Lawyers say they have seen an increase in the use of evidence obtained from social media sites like Facebook in divorce cases. In addition, more than 90 percent say they have seen an increase in the number of cases using evidence obtained from smartphones. One reason why more evidence is obtained from electronic sources is that more people going through divorce are using electronic means to conduct transactions.

For example, business deals may be conducted over text message or through a social media site, and online accounts meant for personal use can be created through sites like PayPal. The ease of technology can quickly out the activities of a person who may think he or she is being secretive. The activity on a person's LinkedIn profile may expose the success of a business that is argued to be unsuccessful in divorceproceedings. Or, more simply, the history of a web browser may reveal the use of a hidden bank account.

In years past, individuals who wanted to hide assets or transactions could shred the paper those deals were made on, but in the age of the Internet, personal computers and smartphones, it is much harder to get rid of clandestine information when it's transmitted electronically. In one way or another all electronic activity leaves a path and even when a person believes she or he has permanently deleted an email or an online account, it can likely later be tracked.

Obtaining electronic evidence that demonstrates dishonest behavior can quickly cross the threshold of what is acceptable and legal. For instance, it is acceptable to complete a search on a spouse's public information, such as social media information posted to the public. In contrast, it is not acceptable and is illegal to violate the privacy of a spouse by secretly installing key-stroke software to track the moves a spouse makes on his or her computer or by using a personal password to break into a spouse's personal account online. However, looking at the web history of a family computer may not be an invasion of privacy.

Though electronic or social media evidence can force the opposing party's hand in negotiation, it should be obtained in a legal manner. Information obtained legally is admissible in court, and information obtained illegally is inadmissible. In addition, a person who obtains information illegally faces losing credibility in court and possible legal penalties.

If you are thinking about divorce and suspect your partner is hiding assets, contact an experienced divorce lawyer to discuss your legal options.

Article provided by Smock Law PLLC
Visit us at http://www.smockbankruptcysaltlake.com/