Technology in My Divorce

• Author: Russell Gilmore
• Pages: 6-8

6 FAMILY ADVOCATE www.shopaba.org

identied where this type of activity could have been taking

place, but rarely have we encountered a compromised email

account when helping a client involved in a domestic matter.

is does not mean it does not happen, and it is best to take

precautions.

Many couples who have been together for a while often

share information related to email accounts and even the

password to an iCloud account. In one instance, we learned

that one spouse set up the other spouse’s webmail account

and had known the password since its inception. is type of

information should not be overlooked and should be

addressed as soon as possible.

e mere fact that someone has the login information to

any of your accounts does not imply that wrongdoing took

place, but it opens the door for unnecessary accusations.

Securing your personal accounts as soon as possible can

prevent so much frustration. It is also a good idea in general.

Email Forwarding

If someone has access to your account, they can read the

emails. ey can also set up email forwarding. Forwarding

The standard issues involved with a divorce or

separation are most often very dicult. In the past

decade I have seen these dicult situations made

even more dicult because of technology. Text

messages, emails, smartphones, and other technol-

ogy are relevant in many of the cases we see.

As computer forensics consultants, we are asked to check

computers for keylogging software or spyware, check devices

and accounts for tracking, collect text messages for legal

proceedings, and sweep houses and cars for eavesdropping

devices. In this article, I am going to highlight some of the

more common issues we are asked to deal with for legal

counsel as it relates to technology and the issues it can cause

during a divorce.

Electronic Monitoring

e most common request we receive is to check whether or

not someone is monitoring an email account or phone. More

often than not, there is no obvious monitoring taking place.

e client has an odd feeling that their communications are

being monitored but no proof. On a few occasions, we have

Technology in

My Divorce

BY RUSSELL GILMORE

Published in Family Advocate, Volume 44, Number 1, Summer 2021. © 2021 by the American Bar Association. Reproduced with permission. All rights reserved. This information or any portion thereof

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