Many seasoned divorce attorneys will tell you that their job involves a lot of digging for information. You have to comb through countless records, communications and documents to verify information and find support for your client’s claims. Divorce attorneys sometimes have to comb through every aspect of the marriage, sometimes going years back.

The divorce attorneys at Quinn Law Firm in Florida point out that even in no-fault states, clients may need to build a case if there are contested issues. For example, you wouldn’t have to prove that a spouse was at fault for the divorce because of alcohol addiction, but it could be necessary for certain custody disputes.

One of the primary ways that lawyers access information today is through electronic means. A wealth of information is available online, but you have to use the proper legal channels to get it. That’s why the help of a license legal expert is critical before accessing a spouse’s electronic information.

Accessing Bank Account Information

There are many reasons you may need to access bank account information. For starters, the division of assets requires full knowledge of financial standing. It’s not uncommon for one spouse to hide assets in the event a divorce were to occur. The problem is today financial records are mostly stored online.

Even if you live in a community property state like California where spouses are supposed to split everything 50/50 it’s illegal to attempt to access banking accounts within authorization. Doing so could be a violation of the Computer Fraud And Abuse Act (CFAA).

Rest assured that you don’t have to risk breaking the law to gain access to online bank account information. There are legal means that can be used as long as the financial activity is relevant to the divorce proceedings.

Searching Through Social Media Activity

Today, social media is a primary communication tool. Spouses who are concerned about infidelity will often turn the social media to start searching for clues. Even without having a person’s login information or being their “friend” you can still find out part of what they’ve been up to on social media.

The problem is, accessing a person’s social media accounts, even if they gave you their password in the past, could be considered a violation of federal law. Stored Communications Act (SCA) and the Electronic Communications Privacy Act (ECPA) could apply.

However, any information that’s made public on social media, either by the spouse or their acquaintances should be documented. Since posts, comments and pictures can be removed at any time, it’s best to take screenshots as proof of their existence. Additionally, you may also want to search the social media accounts for a person’s place of work or businesses that they frequent.

Looking Through Emails

Another piece of technology that can prove useful is email. But there are also federal and state laws that protect people against unauthorized access. In many cases the Stored Communications Act would apply since accessing the stored communications is unauthorized.

Combing Through Phone Records

You can learn a lot by simply going through a person’s smartphone. Calls, texts and Internet searches can all reveal activity that would otherwise go unknown. But searching through the device without permission can quickly make that information extremely costly.

A smartphone is treated like a laptop computer as far as accessing electronic information is concerned. Even if you know the password and can gain physical possession of the phone, trying to obtain information from it is illegal.

How to Legally Use Technology to Get Information

Legally using technology to your advantage during a divorce is possible. The discovery process will help you get the information you’re looking for. However, if you’re concerned that the other party is withholding information additional means can be used.

A subpoena can be used to request that a party produce certain information, such as a list of bank transactions that would otherwise only be discoverable through an online account. The online service provider (bank, social media platform, etc.) may also be compelled to provide information directly from the account.

You can also submit a request for inspection to gain legal access to a device or hard drive that may contain pertinent information.

First and foremost, knowing the state laws is paramount. Each state has their own rules and regulations regarding interception of Internet data. Those rules and regulations could limit how electronic information is gained.