Digital Evidence in Georgia Family Law Cases: What You Need to Know

Digital evidence—like text messages, social media posts, and emails—can make or break a family law case in Georgia. Whether you’re facing a custody battle, divorce, or alimony dispute, understanding how this type of evidence is used in court could be the key to protecting your rights and achieving the outcome you need.

Do you know what counts as digital evidence, how Georgia courts handle it, and what you can do to strengthen your case?

At Hobson & Hobson, P.C., we know what’s at stake—your family, your future, and your peace of mind. Our family law attorneys are here to help you through these family law matters of every kind. Call our office at 770-284-6153 or fill out our online contact form, and our Marietta family law attorneys will help.

What Is Digital Evidence?

Digital evidence refers to any electronic data that can be used in court to support your claims or counter the opposing party’s arguments. This includes:

• Text messages and emails.
• Social media posts (Facebook, Instagram, Twitter, TikTok, etc.).
• Photos and videos that are stored on phones or shared online.
• Phone records showing calls and communications.
• GPS data and location history.
• Bank and financial records that are accessed electronically.
• Online search histories or browsing activity.

Digital evidence is playing a bigger role in family law cases because so much of our lives now takes place online. However, not all digital evidence is admissible in court, so it’s important to understand how the law works.

Why Digital Evidence Matters in Family Law Cases

Family law cases often involve disputes over credibility, finances, and behavior. Digital evidence can help family law courts uncover the truth.

Common Uses of Digital Evidence in Georgia Family Law Cases

1. Proving Infidelity or Marital Misconduct
   In divorce cases, text messages, emails, and social media posts can reveal infidelity or other forms of misconduct that may impact property division or alimony awards under Georgia law.
2. Custody Disputes
   Digital evidence can demonstrate a parent’s behavior, fitness, or involvement in a child’s life. For example:
   • A history of inappropriate posts on social media may raise concerns about judgment.
   • GPS records or location history can show whether a parent reliably attends their child’s activities or appointments.
3. Financial Evidence
   Hidden assets or undisclosed income often come to light through digital records. Bank statements, online transactions, and even social media posts can be used to challenge false claims about finances.
4. Protective Orders and Harassment Claims
   In cases involving allegations of domestic violence or harassment, text messages, emails, and call logs can be critical for proving patterns of abuse or harassment.

How Georgia Law Handles Digital Evidence

For digital evidence to be admissible in Georgia courts, it must meet specific criteria:

• Relevance: The evidence must directly relate to the case and help prove or disprove a material fact.
• Authenticity: The evidence must be shown to be genuine and not tampered with. For instance, screenshots of text messages should include timestamps and sender information.
• Reliability: The source of the evidence must be credible. Courts may scrutinize whether the data could have been manipulated.

Privacy and Illegally Obtained Evidence

Georgia law does not permit the use of evidence obtained illegally, such as hacking into someone’s private accounts or installing spyware on their devices. For example:

• Recording conversations: Georgia is a one-party consent state, meaning you can record conversations as long as you’re a participant. However, secretly recording someone else’s private conversations without their consent can render the evidence inadmissible.
• Hacking or snooping: Accessing someone else’s email or social media accounts without their permission is illegal and can lead to criminal charges, even if the information seems relevant to your case.

Using Digital Evidence in Your Family Law Case

Once you realize digital evidence may be relevant to your case, act quickly to preserve it. This includes:

• Taking screenshots of text messages, emails, and social media posts.
• Backing up data from phones, computers, and cloud storage.
• Documenting metadata, such as dates and times.

Deleting potentially relevant digital evidence—even unintentionally—can hurt your case. Courts may view it as an attempt to destroy evidence. Never delete anything without first speaking to an attorney.

Remember, if you’re in the midst of a family law dispute, assume that everything you post online can be used as evidence against you. Avoid sharing personal details, making inflammatory statements, or posting photos that could be misconstrued.

If you’re in the middle of a family law dispute or case, you need an experienced family law lawyer in your corner who can:

• Advise you on what evidence to collect and how to preserve it.
• Ensure all evidence is obtained legally and meets Georgia’s admissibility standards.
• Challenge opposing evidence that is unreliable or improperly obtained.
• Present your case persuasively using digital evidence to support your claims.

Contact Us Today

Digital evidence plays an increasingly significant role in Georgia family law cases. Whether it’s uncovering hidden assets, proving misconduct, or supporting custody claims, this type of evidence can be a game-changer—but only when handled correctly.

If you’re facing a family law dispute in Milton, Alpharetta, Atlanta, Marietta, Duluth, Canton, or anywhere in Georgia, don’t leave anything to chance. Reach out to an experienced family lawyer at Hobson & Hobson, P.C., today. Give Hobson & Hobson, P.C. a call at 770-284-6153 or fill out our online contact form.