Reliance on Location Tracking Data Growing in Divorce Cases, But It's Trickier in NY
New York judges may ignore phone tracking data from services like Uber in divorce cases because of the state's no-fault divorce law.
July 25, 2017 at 05:00 PM
5 minute read
Uber and similar tracking records are being found more frequently in divorce matters—in some select locations—but New Yorkers may have a lot less to worry about when it comes to taking an Uber ride to visit a lover. That's because New York has a no-fault divorce law, and judges “aren't going to spend a lot of time on it” in courtrooms, Steven Mandel, a veteran New York divorce attorney, told Legaltech News.
Mandel, who has also been co-chairman of the matrimonial section of the New York County Bar Association, said that if a New York judge is presented with such evidence, she or he simply might tell an attorney, “Move on. Get to the heart of the matter.”
Based on his experience, Mandel said New Yorkers are using such data “not so much to get leverage on divorce action, but to confirm or to convince themselves” that a spouse is being “unfaithful.”
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