Jackman & Kasody PLLC

It's hard to keep a secret these days -- especially if it's a big one, like marital infidelity. Modern technology continues to evolve, and with it, so do the ways in which tech is being used in divorce court.

We're talking about geo-tracking devices like your Fitbit, your E-ZPass card, your Uber account or even your smart car's internal memory. Divorce attorneys around the country say that geo-location services are starting to be "a main window" into the secret lives of many cheating spouses.

For example, at least one straying husband was caught using escort services after his wife noticed the Uber receipts he was racking up on their joint account. He'd apparently forgotten that they shared a single account -- making it very easy for his wife to see what he'd been doing. However, he might just as easily have been caught through his car's global position system or an app on his phone that "checked in" wherever he went.

While evidence of infidelity is no longer necessary to obtain a divorce, it can sometimes influence how a judge rules on certain key issues. When there's evidence of marital infidelity, it can draw into question how much of the marital assets were "wasted" on the affairs in the form of trips, hotel rooms and gifts. It can also lend some credibility to an argument that the cheating spouse isn't particularly focused on the task of parenting -- which could be important if a custody battle ensues.

If you've been unfaithful in your marriage and are now seeking a divorce, make sure that you discuss the potential problems with an attorney right away. You don't want to wait until you find out that your spouse knows all about the affair to have that discussion.

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