Question (by e-mail): When my husband of 23 years and I began having marital problems, I went to see a lawyer who told me to get copies of all of our tax returns, stock statements, retirement balances, financial statements, etc. My husband -- an executive with a large national company -- has prided himself on keeping a "paperless office" in our home for years, but I did not know exactly what he meant until I started looking for documents and found none.

I am completely computer illiterate while my husband, using the most up-to-date computer equipment available, has managed to scan every important paper into the computer. My lawyer says that he never heard of a case where there was no paper, and tells me it will cost a fortune to try to get what he needs. Are there alternatives?

Answer: While everyone knows that the dissolution of a family is an extremely stressful time that can be overwhelming, the computer now requires more and more litigants to take extra steps to protect themselves and their children’s interests. One of the most commonly overlooked items in today’s household is the family computer and the invaluable information it contains.

For example, if you can't find tax returns, you may be able to find on the computer "Turbotax files" which are, in fact, the tax returns. If you can't find checks or bank statements, profit and loss statements for the business, stock portfolio information, and the like, Quicken or Money files will contain records of banking, loans, and investments. Email records will probably contains very valuable items of personal correspondence, while word processing documents and spreadsheets may provide you with a wealth of information. And don't forget that the Internet browser contains history that can reveal what has been done on the internet, evidence that might otherwise be impossible to obtain.

If you are fortunate enough to read this column before the files have been erased and if you can copy the files to floppy diskettes, then we suggest that you run -- not walk -- to the computer and do so. If you do not know how to back up the files, or even which ones you need, get a friend to help or have a local service company do it for you. And if the computer is backed up on tape, you may be able to restore all, or a large part, of the content of the hard drive.

But you had better count on the fact that once your spouse suspects that you are skulking around, he or she will decide that it's time to erase everything that might be useful to you. At this point in time, the computer will be as bare as Mother Hubbard's cupboard.

But what if you weren't lucky enough to beat your spouse to the "delete" button and find that important files have already been erased and are seemingly gone forever? Take heart, because on today's modern computers, nothing is ever truly erased. Generally, the files have only had the first letter of their name changed to signify that they have been "erased" -- meaning that so long as the space they occupied is not overwritten by something new, these files are usually fully recoverable. Even "formatting" the drive does not erase any of the files or directories.

It is very important, however, that attempts to recover erased files be done in a careful and methodical fashion. This is not a job for a friend or office expert who is good with computers. Data recovery must be done by a professional who is well-versed in the intricacies of Boot Sectors, File Allocation Tables, Subdirectories, and Filesystems. And, because of the possibility of court proceedings, it will probably be necessary to present to the judge with evidence of exactly how the data was recovered before the information is even admissible.

If you believe that important information has been erased from your family computer, you should take these steps without delay: (1) Stop using the computer since each new item written to the hard disk could be writing over some valuable file that can then never be recovered and just letting Windows boot up writes lots of data; (2) Take the computer to a safe place -- a friend’s house or ask your lawyer where it can be stored for you; (3) Find a professional who will first "image" the hard disk onto a different drive and then attempt recovery on the copy. This leaves the original intact in case a second attempt is needed and allows the opposition to recreate or inspect the process; (4) Have the professional provide you with a list of the files that can be recovered and, if necessary, a brief note as to what they are; (5) Have your attorney review this list to determine which files are needed for your case; and (6) Get the desired files copied onto floppy diskettes or CD-Rom as well as printouts of the recovered files.

Most home computers have been used for numerous purposes that can provide invaluable information and evidence useful to determining financial equity, unfaithful behavior, moral turpitude, and abuse. This information can be recovered with a probability exceeding 95% if it done properly. A preliminary evaluation and the listing of erased files should take between two and four hours and rates may vary from as little as $50.00 to well over $200.00 per hour.

Acknowledgement: Information for this column was provided by to us by Davis McCarn who has more than 22 years experience in the data recovery field. For more information, send e-mail with the subject "computer service" to janwarner@flyingsolo.com.

Jan Collins is an award-winning writer and editor. Jan Warner is a matrimonial, tax, and elder law attorney. Both are based in Columbia, South Carolina.

Please send your questions by e-mail to janwarner@flyingsolo.com or by mail to P.O.Box 11704, Columbia, S.C. 29211.