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The dangers of digital data during a Colorado divorce

Most Colorado residents are acutely aware that they leave a digital footprint whenever they use the computer to access the internet. In fact, concerns about identity theft have created an entire industry of security software, monitoring systems and more. However, not everyone considers the impact that digital data can have on their divorce, although recent news surrounding the divorce of one of Hillary Clinton's top aides has brought that subject to the forefront.

At issue in that case are emails tied to Clinton and discovered during an investigation of Huma Abedin's estranged husband, former Congressman Anthony D. Weiner. The message that spouses should take from this example is the fact that digital data remains accessible in a number of ways. That is true even if individuals make efforts to delete or otherwise hide that their activities. When it comes to divorce, digital data provides divorce attorneys with a wealth of information that can be used to strengthen their case.

Most often, divorce attorneys are focused on financial matters or issues that could impact child custody decisions, rather than salacious details or suggestions of adultery. Spouses who want to limit the impact that digital data may have on their own divorce case should take steps to protect that information as soon as divorce is on the table. That means changing passwords, closing down access to shared accounts or calendars and being mindful of cell phone apps that track one's location. Having various digital devices linked through a cloud-based system can also be problematic.

Colorado residents who are concerned about this important divorce issue should contact a divorce attorney to discuss the matter. There are steps that can be taken to minimize the impact of digital data, depending on the unique set of circumstances in each case. Technology has advanced to the point where ignoring this critical area of divorce can have a significant negative impact on the end of a marriage.

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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Brandon Ceglian

Brandon Ceglian's practice focus is family law, landlord-tenant law / real estate, civil litigation, criminal / DUI, and collections. View Attorney Profile

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