Connecticut law allows no-fault divorces, which means a spouse does not have to allege and prove certain misconduct of the other spouse to justify seeking a divorce. However, misconduct such as adultery can still play an important role in many divorce cases in CT. For example, alleging that your spouse had an affair may affect determinations regarding spousal support, property division, or even child custody. It is important to know that if you allege misconduct to try to obtain additional support or property, you will be required to prove the misconduct by presenting evidence to the court.
Historically, affairs and similar misconduct were often proven by hiring private investigators to gather evidence of where your spouse went and who they were with. In this age of technology, private investigators are becoming more and more obsolete for divorce cases. Instead, digital evidence is used to prove misconduct.
When someone has an affair, they can communicate with their paramour in many ways that use digital technology, including cell phone calls, texting, emails, and other types of messaging. If you find such messages on your spouse’s phone, they may serve as powerful evidence in a divorce case. Also, if you discover that your spouse has a profile on a dating site, you can use screenshots, internet history, and similar digital information as evidence against them.
Digital evidence is becoming popular in divorce cases because it can be much cheaper to check your spouse’s phone than to hire a private investigator. If you do find any type of digital evidence, be sure to preserve it. This type of evidence can also be used to resolve other matters in a divorce case besides proving misconduct.