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Nation's Top Divorce Lawyers Note Dramatic Rise In Electronic Evidence

Wednesday, February 6, 2008
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CHICAGO, IL, February 6, 2008 – A resounding 88% of the nation's top divorce attorneys say they have seen an increase in the number of cases using electronic data as evidence during the past five years, according to a recent survey of the American Academy of Matrimonial Lawyers (AAML). E-mail takes the lead as the most commonly used form of technological evidence, with 82% citing it as the main source. Interestingly, the survey also reveals that wives are more likely to make use of electronic evidence than husbands.


"As in all other areas of our lives, technology is having a big impact on the way that divorces are now conducted," said James Hennenhoefer, president of the AAML. "Many people still don't realize how much evidence can be gleaned from personal electronics ranging from computers to cell phones and GPS devices. In the Internet age, there is often a very clear trail that has been left behind and can be easily traced."


In all, 82% of the AAML members who responded said that e-mail has become the most common form of electronic evidence during the past five years. Text/instant messaging and Internet browsing history tie for second with 7% each, while 1% of the respondents cite data taken from GPS systems.


A gender difference also emerged between which spouse uses electronic evidence more often in divorce cases. In all, 27% of the members said that wives use electronic data more often during a divorce case while only 5% said husbands did.



Founded in 1962, the American Academy of Matrimonial Lawyers (AAML) is committed to encouraging the study, improving the practice, elevating the standards, and advancing the cause of matrimonial law, in order to better protect the welfare of American families.


Comprised of the top 1,600 matrimonial attorneys throughout the nation, AAML members are recognized experts in the specialized areas of matrimonial law, including divorce, prenuptial agreements, legal separation, annulment, child custody, property valuation and division, alimony, support, and the rights of unmarried couples.


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