What role does technology play in today’s divorces?

On behalf of Gary Kirk of Kirk Montoute Dawson LLP posted in Family Law on Sunday, June 28, 2015.

The use of portable technical devices is common for people throughout the Calgary area. Whether it is a Smartphone or a wearable device, residents rely upon these types of devices to communicate and secure information. While for some the use of such devices to obtain information stops at getting driving directions, others have determined additional ways in which they may be used such as to aid in their divorce.

In the past fitness apps such as Fitbit have collected information regarding people’s sexual encounters with people other than their spouses. Similarly apps on phones can be used to determine someone’s location. While it is possible for a spouse to set these devices up to capture this information on purpose, often it is inadvertently collected.

According to a survey conducted in 2012, the number of divorce lawyers who reported an increase in clients who used Smartphone evidence in the preceding three years was 92 percent. That does not mean that the evidence collected is what is actually presented at trial. Instead, the information collected via these types of technological devices might be used as a tool to secure evidence, perhaps via a private investigator, that could be used in a legal proceeding.

Because the market for wearable tech is growing, it is likely that the practice of gathering information in this manner will continue to occur.

Regardless of the reasons behind why someone wants to divorce, because this decision places people in a new direction, it is imperative that they work with a divorce lawyer who understands the system and what needs to be done to secure the best possible settlement for a client.

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