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Tracking data getting more use in divorce cases

With the advent of smartphone apps that collect location data, such as Uber and others who use the technology, many divorce battles have begun to use tracking data in the courtroom to provide some data to support infidelity claims. While this does create a new frontier for proving a spouse's whereabouts at a given time, courts in New York are urging spouse's to not spend too much time, effort or money using these records.

It is certainly reasonable that a person who suspects their spouse of infidelity might want to obtain cellphone tracking data to "prove" (and that is a rather loose use of "prove") that their spouse was indeed cheating or engaging in some other distrustful act, a judge simply cares much less about such things than the spouse does. New York divorce courts place far less weight on matters like fidelity than they have in decades past.

This kind of data may prove more useful to an individual who has suspicions about their spouse's behavior than to a court crafting a divorce decree. While infidelity is still a relevant component in divorce, it is not the bombshell revelation that we have all seen in movies and television. In most cases, obtaining this data is less useful to the court than to the spouse who wants confirmation of the thing they suspect in their heart.

If you believe that it is time to pursue divorce, don't hesitate to reach out to an experienced attorney who understands how to choose the battles that matter in the courtroom. With proper legal guidance, you can pursue the battles that truly matter and set aside the emotional barriers to moving on to a new chapter in life.

Source: The American Lawyer, "Reliance on Location Tracking Data Growing in Divorce Cases, But It's Trickier in NY," Ed Silverstein, July 25, 2017

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