Cheating Spouses Leave Behind Digital Trails

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Cheating spouses and criminals seem to have something in common…leaving behind evidence. “Students of human behavior have speculated that people take ridiculous chances or are extremely careless while committing crimes because, on some level, they actually wanted to get caught. Such thinking seems to stem from writings by Sigmund Freud, who wrote about an unconscious desire to get caught and punished,” Stanton E. Samenow, Ph.D. wrote in Psychology Today.

Later in Mr. Samenow’s article, he concludes that criminals don’t want to be caught, nor do they feel guilt about their behavior or the harm they inflicted. Instead, they regret getting caught. “In most circumstances, the only ‘help’ that they seek is to get dug out of a hole that, by their own behavior, they have created for themselves,” he writes.

Could criminals be compared to cheating spouses? In many ways, yes. While adulterous spouses may feel guilt and remorse about cheating, they are in the habit of being sloppy, of leaving behind a digital trail of evidence much like how criminals leave behind clues at the crime scene.

Cheating Spouses & Their Digital Trails

Most adults today are practically attached to their cellphones, which is where they conduct much, if not all, of their flirtatious communications. The thing is, once something becomes digital or happens online, it’s almost impossible to erase.

Suspicious spouses can recover deleted files, and racy messages can be screenshotted and saved elsewhere – all it takes is someone who’s halfway tech savvy to capture the digital bread crumbs of a cheating spouse. Of course, gaining access to this info can be challenging when the adulterous spouse refuses to part with their smartphone because they know an undeleted text message, email, direct message, or pic can get them in serious trouble.

Can You Use the Digital Evidence in Court?

Suppose you hacked into your spouse’s Facebook account or email and found evidence that he or she is having an affair with their co-worker. Can you use the evidence in court? You may be a great investigator but the evidence you gathered may be useless, except to confirm your decision to end your marriage.

You see, your spouse is protected by strict state and federal privacy laws and the information contained on their smartphones and email accounts is not usually admissible in a divorce case, not if you didn’t get your spouse’s express permission. Unlike marital assets, you do not have ownership or rights to your spouse’s emails, private texts and social media accounts.

“But what if my cheating spouse is seeking alimony?” Colorado is a no-fault divorce state, so an affair would not bar your spouse from receiving an alimony award. However, if your spouse wasted marital assets on their paramour; for example, if a husband financially supported his girlfriend, or if a cheating wife bought her boyfriend a new motorcycle, then it could affect property division.

Related: Does Adultery Affect Alimony in Colorado?

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April and staff were wonderful.

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I will be recommending friends, family, and associates to Jones Law.

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In the most difficult time of my life, April Jones was there for our family.

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Not only did she do a FANTASTIC professional job, she was caring, understanding and most concerned in a manner that left me knowing and feeling I was safe!

“Having had the pleasure and experience of having Ms. April Jones of Jones Law Firm, PC represent me in my recent divorce, I must say how truly BLESSED I was. Not only did she do a FANTASTIC professional job, she was caring, understanding and most concerned in a manner that left me knowing and feeling I was safe! In the aftermath (or dare I say ‘afterglow’!) of such an emotional separation departure, I graciously and honestly can suggest and recommend Jones Law Firm, PC !”

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Ms. Jones’ best quality as an attorney is her ability to take charge.

“Ms. Jones was my attorney in 2002. She is sharp, quick and strong and we won my case decisively. I am currently having Ms. Jones represent me again on another issue in 2010-2011. Based on my observation, Ms. Jones is sharper and stronger and has attained greater knowledge and insight. I have noticed that Ms. Jones desires to win each case with integrity. She cares about her client’s welfare at all times. Ms. Jones’ best quality as an attorney is her ability to take charge. I have recommended Ms. Jones to my friends and co-workers.”

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April settled my case literally out in the courthouse hallway.

“April settled my case literally out in the courthouse hallway.I had a landlord that failed to make promised repairs to my apartment. I was paying for a two bedroom,two bathroom place but only one bathroom worked. He said he would repair it when I moved in but 7 months went by and he was still making excuses. He lived in hawaii, the apartment was in california and he used that as his excuse. I decided to stop paying him until he fixed the bathroom I had BEEN paying for. After 3 months of that he arrived at my apartment and decided to take me to court rather than fix the bathroom and collect back rent which I had been holding onto. April negotiated a deal before we went into court for an immediate cash payment for 1 month and I could take a week to move out. My landlord accepted and a possible unlawful detainer ruling was avoided. I was able to use the 2 months rent I still had to find another apartment which would have been much harder to do with a unlawful detainer on my record.”

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April is very knowledgeable of the law and will not let you down.

“I cannot be more happy with the April Jones Law Firm! I hired her in 2012 for disputes over child support and other items, we had to go to court 3 times on separate matters and every time we were successful. April is very knowledgeable of the law and will not let you down. If I ever need a family law attorney I will call April Jones.”

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