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Some couples using new technology when considering divorce

It is estimated that approximately half of marriages will not last. While the odds of getting a divorce have not changed dramatically over the past several years, there are some warring couples who are purportedly using new technology in the their quest to gather incriminating evidence. While the majority of South Carolina residents may not resort to such devices, there are questions over the legality of such tools.

The devices in question are the ones that have been marketed as a method for tracking children and property. The technology can be used to locate any item that has been fitted with a hidden tracking device or had a program installed that can access computer or cell phone contents. Many spouses are purportedly using this technology to spy on the whereabouts or activity of spouses or other romantic partners who are suspected of engaging in affairs or other unethical activities.

These spouses are attempting to collect evidence of wrongdoing in an effort to support the need for a divorce or possibly as a negotiating tactic. Family law professionals have reported that more and more clients are gathering information through these questionable methods. However, the courts have yet to decide whether this type of information can legally be used in divorce proceedings.

Some professionals have claimed that this technology can be appropriate as long as it is only applied to jointly owned property or used only to monitor children or employee's whereabouts. When former spouses collect this data, the vast majority of them reportedly discard it or the tools they used to gather it. Though some of this type of spying may be illegal, the majority of professionals believe it is unlikely that law enforcement will prosecute those who engage in it. South Carolina residents who are contemplating seeking a divorce and are unsure of how to proceed in order to preserve their future goals may choose to consult with an experienced family law attorney who can advise them of their best options.

Source: npr.org, "Suspicious Spouses Monitor Partners Digitally, Divorce Lawyers Say", Aarti Shahani and Lauren Silverman, Jan. 5, 2018

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