Digital evidence continues to change how divorce cases are presented in Maryland. There are far more communications that happen digitally, as well as most of our financial activity. Digital records now play a major part in proving your case in court. Knowing how digital evidence works can help you understand how to protect yourself during a Maryland divorce.
At RPM Law, our Maryland family law attorneys are highly skilled litigators who use digital evidence to protect your rights during a divorce. Speak with our team to learn how we can help.
Why Digital Evidence Matters More Than Ever
Maryland courts need evidence that complies with the Rules of Evidence. It needs to be authentic and relevant. It must also be obtained legally. Digital evidence can help meet these requirements because:
- Most communication now happens electronically
- Digital records are timestamped and difficult to dispute
- Metadata can reveal context, location, and authenticity
- Financial activity is increasingly paperless
- Social-media use creates a detailed record of daily life
Common Types of Digital Evidence in Maryland Divorce Cases
Text Messages and Emails
Your electronic communications can be very important evidence in your divorce. Texts and emails may show:
- Admissions or contradictions
- Threatening language
- Abusive behavior
- Co-parenting issues
- Financial discussions
- Plans to hide assets or income
Maryland courts regularly admit these communications when properly authenticated.
Social-Media Posts
Platforms like Facebook, Instagram, TikTok, and X (formerly Twitter) tell the court what you were thinking as you were thinking it. Social-media evidence may be used to:
- Challenge claims of limited income
- Show inappropriate behavior
- Show violations of custody orders
- Establish timelines and whereabouts
Even deleted posts may be recoverable through discovery.
GPS and Location Data
Nearly every device is tracking where you are at all times. GPS data can contradict or support your testimony when your location matters. Examples include:
- Proving or disproving allegations of infidelity (when relevant)
- Showing whether a parent was where they said they were during parenting time
- Showing patterns of behavior relevant to custody
Financial and Transaction Records
Financial apps and banks keep detailed financial trails. These records can reveal:
- Hidden accounts
- Unreported income
- Unusual spending
- Transfers to third parties
- Dissipation of marital assets
Cloud-Stored Files and Shared Accounts
Documents stored in Google Drive, iCloud, Dropbox, and shared email accounts may include:
- Tax returns
- Business records
- Photos and videos
- Communications with third parties
How Maryland Courts Evaluate Digital Evidence
Maryland judges look at digital evidence the same way they do other forms of evidence, focusing on:
Relevance
The evidence has to appropriately relate to the divorce and the issues that matter in the litigation.
Authenticity
The party who offers the evidence has to show it is genuine. With digital evidence, this might be supported by:
- Metadata
- Timestamps
- Witness testimony
Reliability
Digital evidence needs to give the whole context of a conversation or financial record. For example, screenshots of a few messages may be scrutinized unless you provide the full conversation.
Legality
If the evidence was obtained illegally, it may be excluded. Hacking or unauthorized access to digital records may even expose a person to civil or criminal sanctions.
The Risks of Mishandling Digital Evidence
Digital evidence can be powerful, but mishandling it can backfire. Common mistakes include:
- Deleting posts or messages after litigation begins
- Accessing a spouse’s private accounts without permission
- Altering screenshots
- Sharing sensitive information publicly
- Failing to preserve relevant data
No person should delete or destroy evidence. This is called spoliation, and Maryland courts impose harsh sanctions for those actions. It could also lead to state or federal criminal charges, depending on what occurred.
Work With a Family-Law Attorney Experienced in Digital Evidence
An attorney can help you:
- Identify relevant digital evidence
- Legally obtain records through discovery
- Authenticate and present evidence effectively
- Protect your privacy and prevent missteps
Digital Evidence Will Continue To Impact Maryland Divorces Now and Into the Future
Digital evidence isn’t going anywhere. In fact, it’ll continue to become more and more relevant. You need a legal team well-versed in the use of digital evidence, its risks, and how to mitigate those risks. We guide you through the Maryland divorce process and prove your case each step of the way.
Our team at RPM Law are ready to help with your family law needs. Contact us today for a consultation.
Blogs published by RPM Law are available for informational purposes only and are not considered legal advice on any subject matter. The reader understands that by viewing blog posts no attorney-client relationship is created between the reader and the blog publisher, RPM Law. The blog should not be used as a substitute for legal advice from a licensed professional attorney, and readers are urged to consult their own legal counsel on any specific legal questions concerning a specific situation.