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Modern Evidence in Matrimonial Proceedings

By Stephen A. Zorn and Sophie Jacobi

Tiger Woods' recent matrimonial troubles seem to have been triggered not only by his own errant behavior, but, more proximately, by his wife's discovery of a trove of text messages on Woods' cell phone. Other high-profile figures whose phones, and their unedited use of them for amorous purposes, have provided key evidence include former Detroit Mayor Kwame Kilpatrick, who used his city-owned Blackberry to send messages to his aide cum paramour; Nevada Senator John Ensign, whose mistress's cell phone number was listed on the Senator's phone under “Aunt Judy”; and Nevada Governor Jim Gibbons, who allegedly sent more than 800 text messages to his lover on his state phone. Gibbons later repaid the state $130 for the texting charges.

Can These Forms of Evidence Be Discovered?

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