Social Media & Smart Phone Evidence in Divorce Litigation


With a rise in the use of social media, email and smartphone evidence in divorce, it is essential to stay on top of the latest developments. This insightful guide will take a straightforward look at how to collect key forms of electronic evidence that can be instrumental to your case and how to get it admitted in family court. It will also walk through how to effectively use it to prove hidden income or assets, calculate child and spousal support and more.

Key topics to be discussed:

•   What to Look for and Where to Find It
•   How to Use Social Media, and Smartphone Evidence in Divorce
•   Applying Hearsay Exceptions to Your Divorce Case
•   Establishing Authenticity and Getting Evidence Admitted in Family Court
•   Using Witnesses and Other Methods to Block Evidence

Date / Time: February 15, 2018

•   2:00 pm – 4:00 pm Eastern
•   1:00 pm – 3:00 pm Central
•   12:00 pm – 2:00 pm Mountain
•   11:00 am – 1:00 pm Pacific

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Kelly Davidzuk, Esq.

When you hire an attorney, you want to make sure that they are driven, passionate and will work hard for your rights. That’s how Kelly Davidzuk works everyday in her family law practice at Stange Law Firm, PC as a Partner managing the West Region of the firm in St. Charles, Troy, Lee’s Summit, Overland Park, Kansas City (by appointment only) and Wichita. To help out families with their legal needs, Kelly is also a trained mediator and collaborative law attorney.

Kelly earned her Juris Doctorate degree from the Appalachian School of Law in Virginia. Kelly worked hard in law school and continued to work hard in the area of family law and other areas of civil litigation before she joined the team at Stange Law Firm, PC. Kelly has worked for the firm since 2011. She is licensed in both Missouri and Kansas.

Kelly has spoken at continuing legal education seminars through the National Business Institute. She has also received numerous awards from organizations such as Lead Counsel, the National Advocates, the National Academy of Family Law attorneys and others. Kelly is also the Treasurer of the Missouri Collaborative Institute.

After living in the Appalachian Mountains during law school, Kelly moved back to her hometown of St. Charles, Missouri. Kelly met her husband shortly after returning to Missouri and settled down in the Lake St. Louis area. Kelly’s son is her pride and joy. In her spare time, Kelly loves nothing more than to spend time with her family at all of the outdoor St. Louis Family hotspots. Kelly also loves to travel internationally and feed animal crackers to her rotund bulldog, Daisy.

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Section I. What to Look for and Where to Find It
a) DIY Tips for Searching Social Media
b) Getting Clients to Gather and Preserve Info
c) Working with and Subpoenaing Social Media Companies
d) Facebook’s Archive Feature
e) Using Friending/Following to Obtain Info
f) Deleted Data/Closed Accounts: What to Do
g) Working with and Subpoenaing Cell Phone Companies
h) Collecting Texts, Video, Audio Recordings and Pictures
i) Phone Numbers and Call History: What is Relevant?
j) GPS Location Tracking
k) Preventing Spoliation

Section II. How to Use Social Media, and Smartphone Evidence in Divorce
a) Hidden and Dissipated Income and Assets
b) Proof of Spousal Misconduct
c) Evidence to Prove and Calculate Child and Spousal Support
d) Establishing Poor Parenting Behavior in Custody Battles

Section III. Applying Hearsay Exceptions to Your Divorce Case
a) Are Computer-Generated and Cell Phone Information Hearsay?
b) Applying Hearsay Exceptions to Email, Text and Social Media Evidence
c) Proving Evidence is Not Hearsay and Overcoming Admissibility
d) Relevancy Hurdles
e) How to Avoid Privilege Pitfalls
f) Real-Life Examples and Recent Case Law

Section IV. Establishing Authenticity and Getting Evidence Admitted in Family Court
a) Effectively Applying Local Rules of Evidence and Best Evidence Rule
b) Proactively Ensuring Authenticity
c) How to Prove Electronic Documents Have Not Been Modified
d) Have the Systems Been Altered? How to Prove Reliability
e) Identifying the Author of the Post, Text or Email
f) Is the Evidence What the Proponent Claims?
g) Email and Text Attachments – Images/Photos, Video, Audio and More
h) Self-Authentication Methods
i) Real-Life Examples and Recent Case Law

Section V. Using Witnesses and Other Methods to Block Evidence
a) Contesting the Veracity of the Evidence
b) Blocking the Opposing Party’s Retrieval of Evidence
c) Motion in Limine to Exclude Evidence
d) Challenging the Admission
        i. Arguing Against Authenticity
        ii. Unlawful Interception