How to keep your computer activities out of divorce court-Part I

by Annette Burns on August 26, 2005

How to keep your computer activities out of divorce court-by Kim Komando

Employing a private investigator isn’t the only way to gather evidence in divorce or child custody proceedings. Clandestine keylogging and tracking programs installed on home computers can provide digital proof. You should know the downsides before you install this type of software.

Take the case of Beverly and James O’Brien. Beverly installed snoopware on her husband’s computer. She attempted to admit the information she obtained as evidence in divorce proceedings.   In March, a Florida judge ruled that the information couldn’t be admitted because it violated a state law involving "intercepted" communications.

Don’t let Beverly’s experience lull you into a false sense of security. The use of computer evidence in divorce proceedings is a legal quagmire. In other situations, it has been successfully admitted in court.

To protect yourself, it’s best to err on the side of caution. Don’t use the computer to send any correspondence, exchange any messages or post any information you wouldn’t want to show up in court.

Also, don’t think that you can cover up damaging correspondence by deleting it. Forensics experts can retrieve all sorts of lost or deleted information from computers. 

If you share a computer, you should have no expectation of privacy. Your spouse may be able to access information on the computer. Even if it isn’t admissible in court, it can work against you. Further, attorney-client privilege may not apply to communications stored on a shared computer, according to several Web sites that track technology and the law.

To read this full article by computer guru Kim Komando, go to Link: USATODAY.com – How to keep your computer activities out of divorce court.

Previous post:

Next post: