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Electronic Discovery Upsets Status Quo: Is All Fair in Love and War?

By Nottage and Ward on May 23, 2012

In our previous blog post, we discussed how electronic discovery has made marital mischief harder to hide. In summation, it is because technological advancements have made it easier to trace. But who can look for it and can the discovery of deception by one spouse actually be used against the other?

Electronic discovery is finding its way more and more often into marital disputes. Oftentimes, an angry spouse does his or her own snooping to validate suspicions that the spouse is hiding something. But these investigative tactics are not necessarily legal and though discovering deceptive actions may still be used as leverage, they may not result in a more favorable divorce settlement.

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