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2 Table of Contents

The Reality of Spying on a Is it Legal to Snoop in Spouse’s Spouse 5 Email or Facebook to Seek Proof Catching Your Cheating Spouse 5 of Infidelity? 18 How Can Proof of Infidelity Impact a Can I use GPS Tracking to Monitor Divorce Case? 7 My Spouse’s Whereabouts? 19 Spousal Support 7 Admissible of Infidelity 20 Child Custody 7 The Importance of Hiring an Property Distribution 7 Attorney 20 Proving Adultery 8 Your Family Lawyer at Work 21 Social Media Sites 9 Authenticating Electronically- Text Messages 9 stored Information 22 Electronic Evidence 9 Silent Video Surveillance 10 What You Need to Know? 25 Hire a Private Investigator 10 Choose a Competent Family GPS Tracking System on a Private Lawyer 25 Vehicle 10 Don’t Expect to Win 25 Do Not Tamper with Electronically- Know the Consequences of Your Actions Stored Information 25 11 Don’t Believe What Others Say Wiretapping and Electronic About Divorce 26 Eavesdropping 12 Marital Property 26 Federal Law 12 Child Support and Custody 26 State Law 13 Can I Use Text Messages on My Will I Serve Jail Time? 27 Cheating Spouse’s Phone? 15 About the Author 28 Can a Recorded Conversation Catch My Unfaithful Spouse? 15 Vicarious 16 Is Video Recording an Admissible Evidence? 17

3 You married the spouse of your in hot water and find yourself on dreams and you are thankful the other end of criminal proceed- because your wish came true. How- ings. This may also have a negative ever, there are signs of infidelity impact on a custody or parenting with frequent calls and secretive time determination if you are going text messages from an anonymous through a divorce. person, sudden office meetings with unusual home arrival, concern Gain some inspiration from this about appearance, and missing e-book, learn to gather valuable evi- money in the bank. dence and use it against your cheat- ing spouse. Understand the law Good for you, you have access to the and get to know how it works with spy technology that you’ve seen in answers to commonly asked ques- blockbuster movies to monitor your tions and through real-life cases. spouse’s activities. Smart phones can be tracked to determine the whereabouts of the owner, CCTVs for monitoring suspicious behavior in your home, hidden microphones to catch conversations, and a GPS tracking system planted on the car in case the cell phone was left behind. However, it is important to think before you act.

The purchase of these devices are not prohibited by law. However, there are federal and state laws that consider the use of these systems as illegal and a violation of a person’s right to privacy. When you think your trust is compromised and abused, don’t act in haste. You might get

4 Catching Your Cheating Spouse It is very hard to catch a cheat- ing spouse because they often will not admit it and they will lie. Call it unfair, but the rules of the game on infidelity favors the cheating spouse. Unless you have evidence to prove your allegations that will show the cheating spouse’s wrongdoing, this will not stop the dishonest spouse from lying. Having proof might level the playing field and maybe tilt the issue in your favor.

Advancements in technology devel- oped products and services to catch the lying, cheating spouse. They can run, but they cannot hide.

The Reality of Spying Cell phone software apps can detect on a Cheating Spouse your spouse’s cell phone and forward Here are some reasons of why you emails, texts, and other cell phone might be inclined to spy on your activities. A global positioning sat- spouse: they have cheated before ellite (GPS) will track your cheating and the same pattern is happening, spouse’s vehicle whereabouts 24/7. you want to satisfy your feeling of Deleted messages and photos may insecurity or need for control, you be recovered from Windows, Mac, want to use this information as a Android, and iOS systems with data leverage in a divorce suit or to gain recovery apps. There are online ser- the upper hand in a child custody vices that can help you uncover conflict. your spouse’s hidden profiles, you

5 can see your spouse and the lover during their tender moments. Concealed cameras and voice trig- gered recording systems can be camouflaged as a pen, clock, radio, and other household items which can serve as your watchdog when you’re away. However, these are not legal or admissible in . In fact, your spouse may take legal action against you and to obtain a Final Restraining Order against you for staking consistent with the rele- vant State statute.

In New Jersey, so long as you are a party to a conversation with another, you may record your con- versation with another individual. The other individual does not have to have knowledge or consent to the you are trying to gather evidence to recording. This can be an important prove your spouse’s unfaithfulness. tool for finding out information and Video surveillance and other infor- confirming possible infidelity. mation gathered by a PI is admissi- ble and legal. The PI can be a witness Another way of revealing the truth and testify in Court if necessary. is by hiring a private investigator (PI) This works well when your spouse is Though certain technology may be skeptical that you know about the available, there are two important infidelity. Further, PIs are good at questions to ask yourself: infidelity investigation: they know the surveillance systems that are 1. Is it legal, and legal in your area. This is important if 2. Is it admissible in Court?

6 How Can Proof of judge if it was determined that the Infidelity Impact unfaithful spouse is irresponsible, a Divorce Case? unstable, or unfit to be a parent to a child. There are no-fault states when it comes to divorce, including New Jer- Often times, one parent’s adultery sey, meaning the supported spouse will negatively affect that parent’s filing for a divorce is not obligated relationship with the child. The par- to prove the infidelity of a paying ties’ relationship with each parent is spouse. an important consideration in any custody determination. Spousal Support In New Jersey, infidelity does not Property Distribution typically have any impact on the In most cases, the proof of evidence award of alimony. This is why many of adultery is not considered by the matrimonial attorneys will still rec- judge during the property division ommend for a party to file under proceedings, except in the case of an Irreconcilable Differences cause dissipation of marital assets. This of action in divorce. However, proof means that if marital funds were of dissipation of marital assets in a spent by the unfaithful spouse on divorce matter may have an import- the paramour in their illicit affair, a ant impact on your divorce matter. credit might be due and owing to the other party.

Child Custody In Kothari v. Kothari, 255 N.J Super. There are no specific guidelines that 500, 506-07 (App. Div. 1992), the penalize a cheating spouse by deny- Appellate Division defined dissipa- ing custody of a child. Although tion as “where a spouse uses marital adultery is not harmful to the child, property for his or her own benefit custody is determined by what is and for a purpose unrelated to the the best interest of the child. Adul- tery can impact the decision of the

7 at a time when the mar- In New Jersey, if a spouse chooses riage relationship was in serious adultery as the cause of action, they jeopardy.” will be asked to name the affair participant and often will need to N.J.S.A 2A:34-23.1(l) authorizes a include them in the divorce com- court to consider “the contribution plaint. Typically, the Court will of each party to the . . . dissipation . . require details regarding dates and . in the amount of value of the mari- places associated with the infidel- tal property . . . .” when determining ity. The affair participant will have to the equitable distribution of marital be served a copy of the complaint, assets. The Supreme Court of New will have the opportunity to hire an Jersey has specifically cautioned attorney and respond, and will be that “any disposition of property able to appear in Court. Because of in of the other spouse could the complex nature involved and be promptly made the subject of the limited benefits to filing under appropriate judicial action.” Painter the grounds of adultery in New Jer- v. Painter, 65 N.J. 196 (1974). sey, your attorney may advise you to file under the no-fault provisions.

Proving Adultery If an aggrieved spouse files a case, Each state has their own standard mere accusations are not adequate for proving adultery if you have file to obtain a divorce on the grounds under that specific fault ground. In of infidelity; the complaining spouse some states, both people are guilty if has to prove the guilt. Many forms one of them is married to someone of proof may not be admissible in a else. Other states, the rule covers divorce court, so how do you provide only married women. Many states the evidence that will be allowed by consider a single act of adultery the court? a crime, the illicit affair should be continuing and notorious in other states.

8 Social Media Sites records. Cell phones store a signif- icant amount of information that With the advent of the internet, can be used as proof of adultery. gathering evidence of adultery is a bit easier. Information from the If you extract text messages from cheating spouse’s social media another cell phone that is not yours, accounts can be used to prove you are violating Federal and State adultery anything that is posted Laws and can be charged with a is considered public. Additionally, crime. The evidence will not hold up you may request an audit of social in court because the method used media accounts through the discov- to obtain it was illegal. ery process in New Jersey.

Facebook or Instagram with com- Electronic Evidence promising photos of the cheating Access to information on a com- spouse and the paramour in their puter shared between spouses is tender moments. Images of gifts legal if a spouse did not cite this in or tokens from either the unfaithful the divorce proceedings. Either of spouse or the paramour. Intimate the spouses can use the data on the posts quoting messages of affection hard drive. The grounds for privacy are fair game. is weakened if over one person has official access. Text Messages Conversely, if a spouse revokes the Text messaging can be used as proof right of the other to a device, the for committing adultery. What was usage of the information is unau- once considered personal can now thorized and cannot hold up in a be used in a divorce case. Screen- divorce court. The same holds true shots of text messages are admissi- for hacking into a personal account ble in Court. You can also subpoena like an email by guessing the pass- the relevant cell phone provider to word. The offender faces criminal get telephone and text message charges or civil consequences.

9 Some states make it a Class H felony Hire a Private Investigator to intercept, or procure any other Private or Infidelity investigators are person to intercept or endeavor individuals licensed by the state to to intercept, any wire, oral, or elec- conduct surveillance. Hiring one will tronic communication without the confirm your doubts and discover consent of at least one party to the the truth of your cheating spouse. communication. They are familiar with the investi- gation techniques in your area and Silent Video Surveillance they can provide the legal evidence that you need in your divorce suit. There are statutes that consider oral communication and a videotape You can watch a video of your recording without an audio as not unfaithful spouse in a romantic a violation of the state law and the cuddle in a restaurant with the federal wiretapping law. lover feeding each other with pasta, then proceed to a motel for a cou- An image does not intercept a wire ple of hours. This information is fully or oral communication since there is admissible in Court. no voice that is captured and there was no interception of an image while in transmission. The law does GPS Tracking System not cover soundless video record- on a Private Vehicle ings. The use of electronic tracking sys- The aggrieved spouse can use the tems without knowledge or con- video in the house for surveillance of sent does violate New Jersey law. the cheating spouse since you own It is always best to go on the side or a co-owner of the property. Also, of caution. There are other relevant the video recording device can be and legal methods to gather infor- used in public areas as long as there mation rather than GPS tracking is no violation of other laws. your spouse.

10 Know the Consequences of Your Actions What was once a family filled with love, trust, and happiness turned sour because of the illicit activities of your spouse. You feel angry; you want to get rid of the rat by filing for a divorce. The suspicion needs to be supported by evidence to tilt the decision of the court in your favor if seeking to file under an adultery cause of action.

Fear not, there are lots of products and services in the market that will catch your cheating spouse flat- footed. Capturing the spouse in a romantic tryst is easy, but can this be used as an admissible evidence?

The evidence should not violate any laws to be allowed in a divorce court. Otherwise, your time, effort, and money will be wasted; you will be flooded with criminal and civil liabilities; and a snicker from your cheating spouse. Plan ahead and know what works and what will not to win the battle. Wiretapping and Electronic Eavesdropping There are wiretapping and elec- tronic eavesdropping systems in the market that can give the proof that you need. Keep in mind that any surveillance must be legal, sen- sible, and not invasive. Otherwise, your head will spin facing criminal charges with jail time and civil finan- cial liabilities for illegal and inappro- priate actions. Know what you are getting into and develop a strategy before you act.

Federal Law Years back, wiretapping was con- conversation, phone call, email, text, necting a listening device to a phone or electronic communication that is and intercepting a conversation as private. The government restrictions it runs through the telephone wire. on wiretapping telephone calls were Nowadays, it is synonymous with extended to include transmissions of eavesdropping, things like smart- data by computer and other digital phones. drones, and nanny cams devices. Also, interception of stored required Congress to modify the electronic communications and federal wiretap law of the 60s. tracking devices are not allowed.

The 18 U.S.C. § 2511 Wiretap Act was Statutes penalize violators with amended into the Electronic Com- fines and possible imprisonment munications Privacy Act (ECPA) depending on the severity of the in 1986. Under ECPA it is illegal to offense. covertly record any face-to-face

12 A. Intent to Wiretap • A maximum penalty of $500,000 fine for 18 U.S.C. § 2511 of the ECPA organizations. makes it a felony to intentionally intercept wire, oral, or C. Release of Information electronic communications Obtained by Illegal and endeavoring to intercept a Wiretapping communication, violators face the following consequences: 18 U.S.C. § 2511 makes it a felony to disclose information obtained by • Not more than five years of illegal wiretapping, violators face imprisonment; or the following consequences: • A maximum penalty • Not more than five years of of $250,000 fine for imprisonment; or individuals. • A maximum penalty of • A maximum penalty $250,000 fine for individual of $500,000 fine for organizations. • A maximum penalty of $500,000 fine for B. Custody of Illegal organizations Wiretapping Equipment D. Additional Consequences 18 U.S.C. § 2512 makes it a felony Intent to commit wiretapping, to possess unlawful wiretapping possession of wiretapping and eavesdropping equipment, equipment, and the unlawful violators face the following disclosure of information acquired consequences: through wiretapping are all • Not more than five years of charged as separate offenses. imprisonment; or This is used as a leverage by • A maximum penalty prosecutors to intimidate of $250,000 fine for offenders with extended individuals. sentences.

Aside from the criminal conse- State Law quences, violators also face civil Same as the federal law most state penalties which are money dam- laws make it a Class H felony if with- ages paid to the accuser. out the consent of at least one party

13 to the communication, the per- You may have all the reasons to hack son willfully intercepts, endeavors the email or mount a GPS on your to intercept, or procures any other car to spy on your cheating spouse. person to intercept or endeavor to Without the knowledge or consent, intercept any wire, oral, or electronic your actions will get you in hot water. communication. In Kroh v. Kroh, N.C. App. 347 (2002) New Jersey’s wiretapping law is a the defending wife used tape record- “one-party consent” law. New Jer- ers and video cameras to monitor sey makes it a crime to intercept or her plaintiff husband’s home con- record an in-person or telephone versations and actions. The plaintiff conversation unless one party to the was awarded $1,000.00 in compen- conversation . N.J. Stat. §§ satory damages under G.S. § 15A-296 2A:156A-3, -4. Thus, if you reside in and $5,000 in punitive damages for New Jersey, you may record a con- violation of the Electronic Surveil- versation or phone call if you are a lance Act. party to the conversation or you get permission from one party to the In New Jersey, anyone whose wire, conversation in advance. That said, electronic, or oral communication if you intend to record conversations has been recorded or disclosed in involving people located in more violation of the law can bring a civil than one state, you should play it suit to recover the greater of actual safe and get the consent of all par- damages, $100 a day for each day of ties. violation, or $1,000, and can recover punitive damages, attorney’s fees, Divorce cases get intense to the and court costs as well. point that spouses resort to dirty tactics to reveal the infidelity of the erring spouses. The judicial system recognizes this and considers the invasion of privacy as a part of a law.

14 Can I Use Text Messages Can a Recorded on My Cheating Conversation Catch My Spouse’s Phone? Unfaithful Spouse? Do you notice something strange Technological advancements have about your spouse’s behavior? Are made a recording device accessi- there things hidden from you? Is ble. Recording a conversation is no the cell phone used in mysterious longer exclusive to owners of fancy ways? equipment; a simple press on the cell phone’s button does the trick. It’s time for a serious talk and to speak your mind if your spouse Plaintiffs often think that they are won’t open up avoid jumping to holding a key evidence against their conclusions and delve deeper into cheating spouse. A secret recording the problem. It could be work-re- by the defendant of a conversation lated stress, problems with health, highlights the cheating, threats, and or finances which could be worked other discriminating evidence. out to keep the marriage healthy. For instance, a mistreated party and You should not download apps or the spouse had a heated argument. software on to your spouse’s phone This was recorded as evidence unbe- without their consent to knowledge. knownst to the cheating spouse. This could lead to civil and criminal Everything was revealed from the penalties. You can gain this informa- extramarital affair to the hidden tion through the discovery process cash. The quarrel continues and of your divorce and avoid any poten- the recording catches the cheating tial headache. spouse admitting that his reported salary is lower than what he receives.

You hit the nail on the head, in a one-consent state, like New Jersey. So long as you are a party to a con- vesation, you can record the same. Your spouse will find this unjust, but

15 the recording was done through “vicariously consent” on behalf of legal means and could hold in the child in intercepting such con- court as an admissible evidence. versations between the parent and The affair and other misdemeanors the child. were admitted, you recorded, it is fair game and that’s the cheating In State v. Diaz, 706 A.2d 264 (N.J. spouse’s problem. Super.Ct. App. 1998), the court held that parents could vicariously con- sent on behalf of their five-month- Vicarious Consent old infant to recording a nanny There can be an exception to this abusing the child on videotape, statute and this is when a custo- under New Jersey’s version of the dial parent vicariously consents to federal wiretap act. It was held that an interception of a recording on the actions of a child’s parents in behalf of a child based upon contracting with a private company a good faith and reasonable belief to install audio-video surveillance that such interception is in the best equipment in their home, for the interest of the child. purpose of observing a babysitter who they suspected of abusing the Examples of such recorded conver- child, did not implicate the federal sations include where the parent or state constitutions, because the recording the conversation believes allegedly unlawful videotaping was the other parent is manipulating performed by private individuals the child, harming the child, or and not by the government or its abusing the child. The key is that agents and the parents vicariously it must be a good faith, reasonable consented to the audio capture on belief that such is occurring before behalf of their child. The court con- the parent may attempt to intercept sidered the admissibility of a vid- a conversation between the child eotape, which include[d] a sound and the other parent. In these types recording, made by parents in their of scenarios, the parent may then own home of the conduct of their child’s daytime ‘nanny.

16 Is Video Recording an Admissible Evidence? Federal and state laws cover only oral communications and videotap- ing without aural, recording is not a violation of wiretapping laws.

Capturing an image is not the same as intercepting a wire or oral com- munication since the contents of the conversation are not recorded. Video surveillance is not intercept- ing an electronic communication because there is no image trans- mitted, but a video recording of the actions of characters in a real-time setting in a public place. Remem- ber the statutes about tortious inva- sion of privacy, a video camera in a bedroom or any private area may expose you to civil liability.

Hidden cameras versus open and known cameras in and around the home are two different stories. If there are open and known cameras in the home, that video evidence is admissible in Court as evidence and can be very powerful in supporting your claim.

17 Is it Legal to Snoop husband’s email account had been in Spouse’s Email or inherently configured to automati- cally copy all email correspondence Facebook to Seek to a folder on the desktop of the Proof of Infidelity? couple’s shared family computer. Email, Facebook, or Twitter com- The wife didn’t need to use a pass- munications are being recognized word or even log in to AOL to see in many divorce , but the the incriminating evidence. The manner in how the cyber evidence court ruled the husband didn’t have was collected will determine if it is a reasonable expectation of privacy, admissible in court. Spouses trying thus making the emails admissible to build a case for divorce may find evidence in the custody case. themselves recipients of criminal and civil liabilities in pursuit of the smoking gun.

In today’s technology-driven age, snooping software like spyware will send confidential information to a receiver. However, this does not mean the actions are legal. Any public postings on social media and other forums are permssibe as the other party has no expectation to privacy.

In White v. White, 344 N.J. Super. 211 (Ch. Div. 2001), the husband asked the court to reject emails based on his right to privacy because he claimed they were located on his personal, password-protected AOL email account. As it turns out, the

18 You are not violating any law If you Can I use GPS Tracking gained access to your spouse’s to Monitor My Spouse’s Facebook account by logging into your own. All information is public; Whereabouts? the messages between your cheat- The legality of a GPS device to mon- ing spouse and the paramour and itor a spouse’s whereabouts is up in sensual poses can be used in your the air. battle. Again, this information can also be gained through the discov- The Supreme Court previously ery process. established that people riding in a vehicle can be seen by anyone, hence the whereabouts are not considered confidential. However, in U.S. v. Jones the police installed a tracker in Jones’ jeep without judi- cial approval and used it to follow him for a month. A jury found Jones not guilty on all charges save for con- spiracy. The Supreme Court specifi- cally stated in a 1983 case regarding the use of a beeper to track a sus- pect that the decision could not be used to justify 24-hour surveillance without a warrant.

The ruling sent mixed signals to the legal community, some law- yers believe that GPS devices are not allowed to spy on a spouse’s whereabouts, others think that it was illegal because it involved police activity. Some lawyers say there is no law against GPS hence usage is

19 legal, others believe that it depends on the ownership of the vehicle. In shared vehicles, there can be no expectation of privacy. However, it is best to err on the side of caution and avoid GPS monitoring your spouse’s whereabouts. There are other pow- erful methods available to you as previously discussed.

Admissible Evidence of Infidelity With all the information you’ve read, your head might be spinning. Now you understand what evidence will work and what will not in court.

So you printed all the information The Importance of on your spouse’s electronic com- Hiring an Attorney munication; gathered and arranged all text messages and prepared You visit the doctor for treatment of other evidence that will prove your an ailment, employ the services of spouse’s fault. a carpenter for some house repairs, and seek the services of a family Proving adultery is tricky; there lawyer to protect your rights in a might be details missing in your evi- divorce suit. dence that will tilt the favor on the other side that could impact your To save time and money, you forgo claim for child custody, alimony, and hiring a family lawyer and represent asset division. yourself. This will work if spouses are committed to end the marriage sans Read some more to get more inspi- a legal battle, if there are no chil- ration to get your facts straight on dren or assets involved, and if nei- your day in court. ther party wants to receive alimony

20 from the other. Even in those cases, Emotions run high and it is quite it can be best to hire an attorney to impossible for a couple to come to a ensure your legal rights are being settlement. They can act as a go-be- preserved. tween and approach the issue judi- ciously within the law and settle the However, most people know that problem without going to the court. divorce is not a walk in the park. In fact; it is complicated, stressful, and a Family lawyers have what it takes confusing procedure and an experi- to divide assets fairly and they can enced family lawyer by your side will draft the documents to bring your help you through it. There are a lot of matter to a global resolution. decisions that need to be made and legal documents to plow through One of the most difficult issues in –these are trying moments and a separation has to be the welfare you won’t be able to think straight. of the children. They can help with Non-lawyers struggle with court drafting an agreement of Child Cus- rules and procedures, and legal jar- tody for parents that are separating gons making legal documents too and amend the agreement if need complicated to comprehend. be. It often happens that family lawyers Your Family Lawyer can’t help couples to settle family at Work disputes outside of the court, the unforgiving spouse has to settle Divorce laws vary by state, and your these matters in court. Your family family lawyer will make use of the lawyer will protect your rights and laws to your favor. They have the see to it that you get justice from educational background, training, your adulterous spouse. They will and savvy to determine the best help you navigate the complex jun- course of action that will provide the gles of the family law and ensure best result. that you get justice that you deserve.

21 You will have someone to email or New Federal Rules of call who can answer your questions Evidence 902(13) and and give you advice on matters that 902(14) are relevant to the case.

Rule 902(13): Certified Records Generated Authenticating by an Electronic Process or Electronically-stored System. A record generated Information by an electronic process or system that produces an In a couple of months, you have a accurate result, as shown by court schedule for your divorce case, a certification of a qualified and among your proofs are copies person that complies of electronically-stored information with the certification (ESI) from cell phones, Facebook, requirements of Rule 902(11) Twitter, and Instagram. Judges are or (12). The proponent must also meet the notice skeptical about these exhibits being requirements of Rule 902(11). digitally manipulated, you should be able to authenticate them to stand Rule 902(14): up in court. Certified Data Copied from an Electronic Device, Storage You may think you have a problem Medium, or File. Data copied on your hands. With two amend- from an electronic device, ments to the Federal Rule of Evi- storage medium, or file, if authenticated by a process dence (FRE), which took effect on of digital identification, as December 1, 2017. shown by a certification of a qualified person FRE 902 governs evidence that that complies with the is “self-authenticating,” meaning certification requirements items of evidence that do not require of Rule 902(11) or (12). The any extrinsic evidence of authentic- proponent also must meet ity in order to be admitted into evi- the notice requirements of dence at trial. The items covered by Rule 902(11). this rule include, for example, sealed

22 and signed U.S. public documents, the ESI was obtained from systems certified copies of public records, that produced reliable results. FRE and newspapers and periodicals. 902(14) will allow, among other Certain types of electronically stored things, self-authentication of foren- information, or “ESI,” are scheduled sic copies of web pages, text mes- to join this group and also be cov- sages, or emails, certifying that they ered by FRE 902 on December 1, are the same as the originals. 2017. To establish authenticity of the It looks complicated, but it’s not. The proof, the proponent of the ESI is statutes allow parties to authen- required a certification way before ticate certain types of ESI without the trial. The opposing party can needing to offer any testimony as to challenge the authenticity of the foundation. Specifically, the follow- proof. A qualified person can provide ing ESI will no longer need founda- authenticity and can testify in court, tion-related testimony at trial: (1) A a specialist would check the original record generated by an electronic copy and the duplicates to ensure process or system that produces that they are similar. Without any an accurate result, as shown by an objection to the certification from appropriate certification; or (2) data the opposing party there is no need copied from an electronic device, for the authenticator to attend the storage medium, or electronic file, if trial. The purpose of the committee authenticated by a process of digital is to encourage the parties involved identification, as demonstrated by to decide ahead of time whether to an appropriate certification. contest the authenticity of the ESI or not, to customize the trial arrange- The types of evidence that would ment and simplify the trial itself. fall under these rules could include GPS data, cell phone photos, text Evidence with proper certifications messages, and other electronic evi- will save the parties and the court dence, if the proponent introduced time and money from easier trial an authentication certificate, pur- preparation, less witnesses, and suant to FRE 902(13), showing that brief trials.

23 In the New Jersey case, E.C. v. R.H., Cell Phone Hard Copy Judge Jones in Ocean County Evidence Evidence examined the proper use of cell phone evidence when communica- E-Mails & Printed on tions potentially cross the line from Texts Paper wanted to unwanted; from mild Social Media Printed on annoyance, to harassment. Messages Paper

In light of the above issues, the Photographs Printed on Court suggested that the following Paper rules of thumb should be followed for litigants wishing to introduce Audio Duplicated evidence stored on cell phones: Recording on CD or Cassette

Video Duplicated Recording on DVD

24 What You Need Don’t Expect to Win to Know? You’re not a true winner when you A divorce is a complex and daunting beat your spouse in a divorce case, nightmare. it’s just scratching the surface. Deep inside, there were many joy- So, you’ve decided to separate ous moments shared by the couple from your unfaithful spouse. The while raising the family. Besides, you road has lots of humps and bumps won’t end up with everything you along the way. Knowing what these want with issues about child cus- are up-front will make the ride tody, alimony, and division of assets. smoother, easier to navigate, and You might end up with child custody perhaps a favorable outcome at the with a lower amount of spousal sup- end of your journey. port. After the dust has settled, both parties will walk down memory lane reminiscing of happy moments, to Choose a Competent win is pointless. It is important to Family Lawyer have a goal, but be willing to com- Divorce is a legal matter that is less promise. about the law and more of media- tion, money, and parenting. Work Do Not Tamper with an experienced family lawyer to help you with this legal mess. The with Electronically- lawyer should get the point effec- Stored Information tively as fast as possible to avoid Texts can be cut and pasted to dragging the case that can cost you. depict a message with romantic A long litigation can be daunting, a content, photos can be altered to good lawyer will be properly moti- display intimate moments. If these vated to complete the case up to will be used as evidence, it has to fruition. A competent lawyer will do go through the meticulous investi- just about anything to win the case. gation of an expert or specialist. If ESI is tampered, the specialist won’t issue a certificate and the supposed

25 evidence can’t be admissible in before the marriage or through court. DO NOT tamper with any evi- inheritance, but not the property dence. It will only hurt you in the itself. The couples can come up long run. with an agreement, and the judge can include this as part of the court order. In case of non-agreement, Don’t Believe What the court will split the property in an Others Say About Divorce impartial manner through the pro- Every divorce is unique and the cess of equitable distribution. There advice from other people can be are many factors to consider includ- misleading or wrong. It’s best to ing the number of children, health base your actions based on your issues, earning capability, education, decisions and not on other’s experi- and the standard of living. ence. Be honest with your attorney, The same court action is applied reveal all facts to analyze the case to alimony, which will be part of properly so that they can give you the court order before a divorce is sound advice. granted. In a case in California, the wife filed for divorce without disclosing that Child Support she won $1.5 million in the lottery. The husband was informed about and Custody this and told the judge about the Child support and custody should concealment. The court awarded all, be included with any pending not just half, of the lottery winnings divorce action. In fact, child support to the husband. may have an important impact on a parties’ ability to provide for alimony.

Marital Property The separating couple must decide Marital property covers all prop- with whom the children will live erty gained during the marriage, and for other relevant matters such including the appreciation in value as where they will attend school, of a property acquired by a spouse medical support, cost of living, and

26 visitation schedule. If the couple In a case from New York, a suspi- cannot come up with an agreement cious spouse got himself in hot the court will decide for them. water. The husband installed Spy- ware on his wife’s cell phone three Will I Serve Jail Time? weeks before filing for divorce. He wanted to gain an edge in divorce Federal and state laws are tricky if proceedings by intercepting com- you are not a lawyer. It is possible munications between his wife and you might be using ESIs which vio- her lawyer. He gained access to as late wiretapping laws. In the event many as 200 emails, which were dis- you did, the relevant statute might covered by a computer expert hired state that you will fail jail time, but by his wife. The spouse’s comput- it is unlikely that the court will file ers and devices were seized by the a case against you for illegally spy- police and scoured for evidence that ing on your spouse. The focus of the he intercepted from his wife’s confi- government on the wiretapping law dential communications. is more on a national scale such as anti-terrorism, money laundering, In another case out of Texas, a man drug-trafficking, and organized got four years jail time for using crime. SpyRecon on his wife’s cell phone.

While it may be unlikely that you will be jailed for violation of the wire- tapping law, an upset spouse will certainly utilize whatever available resources they may have. This could include, but is not limited, filing criminal charges against you with the County prosecutor or seeking a Final Restraining Order for stalking.

27 About the Since passing the Bar, Tom’s impressive career has earned him the recognition Author: of his peers and authoritative legal organizations. He has been named Thomas in Pennsylvania Super Lawyers every Petrelli year since 2009. Martindale-Hubbell awarded Tom with the Client Champion Gold Award in 2019 and in previous As founding and managing partner of years. He is among Suburban Life Petrelli Previtera, Tom leads the firm Magazine’s 2010 Awesome Attorneys in in resolving divorce cases. While he the category of Divorce and Family Law, represents individuals and families in and Arrival Magazine’s Top 50 Family all types of financial situations, he has Lawyers in the Northeast. built a particularly strong reputation The groundwork for Tom’s laser-sharp handling high asset divorces and legal mind started with his outstanding those involving businesses as marital education. In addition to his Juris property. In this regard, he focuses Doctor from Vermont Law School, he on the protection, valuation, and holds an LL.M. in Trial Advocacy from distribution of significant assets or Temple University’s James E. Beasley business interests. School of Law..

Contact our family law attorneys today. If you’re ready to discuss your legal options for your specific matter, we can help you get started and ensure you’re as well-informed as possible from the beginning. Call us today.

Voorhees Office Linwood Office Princeton Office 1020 Laurel Oak Road, 210 New Road #15 29 Emmons Drive Suite 203 Linwood, NJ 08221 Suite E-30 Voorhees, NJ 08043 Princeton, NJ 08540 (201) 655-7204 (609) 375-0351 (609) 917-9560

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