By: Attorney Nicole Vernagallo
When divorce proceedings become contested, both parties will seek to present substantial evidence to support their claims regarding child custody, finances, or misconduct. In today’s digital age, electronic records can be critical in shaping the outcome of an Illinois contested divorce. Text messages, social media activity, emails, and voice messages can provide important insights into each spouse’s behavior, financial standing, and overall credibility. Illinois family law courts consider electronic records as valid evidence when determining issues such as asset division, spousal support, and parental responsibilities.
Under 750 ILCS 5/503, Illinois law requires a full and fair division of marital assets based on equitable distribution principles. Electronic records such as online banking statements, cryptocurrency transactions, and email correspondences can reveal hidden assets or undisclosed income. In child custody disputes, electronic communications can show patterns of parental involvement or neglect, helping courts determine what arrangement serves the child’s best interests under 750 ILCS 5/602.7. Understanding how electronic evidence can impact a contested divorce is essential for protecting your rights.
Types Of Electronic Records That Can Influence A Divorce Case
Text Messages And Emails
Text messages and emails can provide direct evidence of infidelity, threats, financial mismanagement, or attempts to alienate a child from one parent. Courts in Illinois may admit these communications as evidence when they support claims of parental unfitness or financial dishonesty.
Social Media Activity
Posts, comments, and photos shared on social media platforms often contradict claims made in court. If a spouse claims financial hardship but posts images of lavish vacations or expensive purchases, it may be used as evidence of undisclosed assets.
Bank And Credit Card Statements
Electronic banking and credit card records can uncover hidden income, undisclosed spending, or transactions that contradict financial disclosures. Illinois courts take financial transparency seriously and may penalize parties who attempt to conceal assets.
Location Tracking And Call Logs
GPS data from rideshare apps, smartphones, or vehicle tracking systems can be used to establish a spouse’s whereabouts. This type of evidence is particularly relevant in cases involving allegations of misconduct or failure to adhere to parenting agreements.
Cryptocurrency Transactions
With the rise of digital currencies, many individuals attempt to hide marital assets through cryptocurrency holdings. Blockchain transaction histories can reveal undisclosed assets and may impact asset division under 750 ILCS 5/503.
Legal Considerations When Using Electronic Evidence
Admissibility Of Electronic Records
For electronic records to be admitted in an Illinois divorce case, they must meet specific evidentiary standards under Illinois Supreme Court Rules. The records must be relevant, authentic, and obtained legally. Courts may reject evidence if it is altered, incomplete, or collected through illegal means.
Illinois Divorce Frequently Asked Questions
What Types Of Electronic Records Are Admissible In An Illinois Divorce Case?
Illinois courts allow various forms of electronic evidence, including text messages, emails, social media posts, bank statements, and call logs. The records must be relevant to the case and properly authenticated to ensure their reliability.
Can I Use My Spouse’s Text Messages As Evidence In Court?
Yes, text messages can be used as evidence if they are legally obtained. Screenshots or phone records showing conversations that relate to financial dishonesty, threats, or parenting issues may be relevant in a contested divorce.
How Can Social Media Impact My Divorce Case?
Social media activity can reveal inconsistencies in financial claims, parental fitness, and general credibility. Posts, photos, and comments may be used to dispute statements made during divorce proceedings.
Can Deleted Electronic Records Be Recovered And Used In Court?
Yes, forensic experts can often retrieve deleted text messages, emails, and financial records. Courts may permit recovered data as evidence if it is legally obtained and relevant to the case.
What Should I Avoid Posting On Social Media During A Contested Divorce?
It is best to avoid posting anything that could be misinterpreted or used against you in court. Avoid discussing financial matters, sharing details about the divorce, or posting photos that contradict claims made in legal proceedings.
Can My Spouse’s Financial Transactions Be Traced Through Electronic Records?
Yes, bank statements, credit card records, and cryptocurrency transactions can reveal hidden income or undisclosed assets. These records may impact the division of marital property and financial support determinations.
Is It Legal To Access My Spouse’s Phone Or Email Without Permission?
No. Accessing a spouse’s private accounts without consent can violate privacy laws. Illegally obtained evidence may be inadmissible in court and could lead to criminal charges.
How Can I Protect My Electronic Records During A Divorce?
Change passwords, enable two-factor authentication, and secure personal accounts to prevent unauthorized access. Consulting with an attorney can help you understand your rights regarding digital privacy.
Can GPS Or Location Tracking Data Be Used In Custody Disputes?
Yes, location tracking data from smartphones or vehicles can establish a parent’s whereabouts and may be relevant in custody disputes. Courts may consider this evidence when evaluating parental responsibility and adherence to custody agreements.
What Happens If My Spouse Tries To Destroy Electronic Evidence?
Destroying evidence may be considered spoliation, which can lead to legal consequences. Courts may impose penalties, including adverse inferences that assume the missing evidence was unfavorable to the spouse who destroyed it.
How Should I Gather Electronic Evidence For My Divorce Case?
Work with an attorney to ensure that all digital evidence is collected legally. Keeping copies of important communications, preserving financial records, and consulting a forensic expert can help strengthen your case.
Electronic records can significantly impact contested divorce cases in Illinois, influencing decisions on asset division, spousal support, and child custody. At Bruning & Associates, P.C., we have the experience and resources to help you build a strong case using legally obtained digital evidence. Whether you are concerned about financial dishonesty or parental fitness, we are here to protect your rights.
Schedule A Free Consultation With Our Chicago Divorce Lawyer Today
Contact our Chicago divorce lawyer at Bruning & Associates, P.C. by calling (815) 455-3000 to schedule a free consultation. With offices in Chicago, Crystal Lake, and Schaumburg, we represent clients throughout the Chicagoland area. Let us help you secure the best outcome for your contested divorce.