Latest Washington Controversy Could Affect Divorce Litigation, Says Privacy Expert
The evening news has been full of federal government scandals as of late. What else is new? But while some of these scandals historically involve domestic entanglements, it's very rare for them to affect the course of divorce litigation for the average American. One expert thinks the controversial National Security Agency (NSA) surveillance program might constitute an exception to the rule; George Washington University privacy law expert Dan Solove believes family and matrimonial lawyers around the country might soon seek information directly from the NSA in order to help prosecute their clients' divorce cases. From NBC News: Different standards apply to discovery in civil cases, such as contested divorce, but Solove said it's possible lawyers in those cases could also appeal to the NSA for evidence, now that they know the records exist. While it might seem unusual to demand data from an agency that not long ago was invisible to most Americans, Solove said it's important not to put the NSA on some kind of legal pedestal. “The NSA is not above the law. It's a government agency, just like every other government agency. Just because it has this Harry Potter-like disappearing cloak, it's still an agency that is subject to the law,” Solove said. Of course, it's completely impossible to know this far out how the NSA might respond to a New Jersey attorney's subpoena for telephone records. It's also not entirely clear how New Jersey courts might treat such items of discovery even if the NSA does turn them over. What Mr. Solove's speculation does demonstrate is how difficult divorce litigation can become when the parties' otherwise routine actions and words become material facts which the court must weigh in its decision-making. Don't take it all on alone. If you have a question regarding New Jersey divorce or, specifically, about the role your conversations with the other party could play in your divorce, please contact the family law lawyers at DeMichele & DeMichele online today. Call now to schedule your confidential consultation (856) 546-1350.