Technology Precautions during a Divorce


Modern technology encompasses every aspect of our lives, and it has become a critical factor in many divorce cases. Electronic data plays a significant role in a divorce, as it is considered valid evidence in a court of law.  If you or your spouse have filed for a fault-based divorce, it is essential to review and revise your online presence. Online accounts hold a gold mine of information about us. The perils of unsecured technology can be damaging to the outcome of a divorce.

It is prudent to change the passwords on all accounts, including social media, separate bank accounts, cell phones, and computer devices, before filing for a divorce. An experienced divorce attorney is knowledgeable about emerging technologies and can provide valuable counsel to protect you.  In some instances, it can help you gain a significant advantage in a contested divorce proceeding.

Social Media Accounts

One of the leading methods for gathering information in divorce cases is to examine social media websites, such as Facebook, Twitter, and Linked In. These sites are particularly harmful in divorce as litigant’s posts can be used as evidence against the opposing party. Social media posts provide a treasure of information about a person’s lifestyle, finances, and habits.  It is wise to cease posting or shut down profiles during a divorce, as you can assume a judge in a courtroom will see your posts.  Even if you block your soon-to-be ex-spouse, there are many ways that they can view your information. Examples are shared friends pages or even creating phony social media pages to “friend” the opposing party.

Parties filing for divorce should not post personal information or photos. Photos of your children can be scrutinized for evidence of unfit parenting. Posts or photos of extravagant spending such as lavish vacations may imply expendable income or hidden assets.  Do not “friend” any new persons while a divorce is pending, and advise close friends and family members to do the same. Be aware that profiles on dating sites are publicly displayed and can complicate your divorce, making it more costly and stressful.

Text Messages, Electronic Mail, and Global Positioning Systems

As in social media websites, always assume that written messages in a text or e-mail can be admitted into evidence in a divorce proceeding. If your spouse is sending threatening or disparaging e-mails or text messages, print them out and submit them to your attorney. An e-mail or text message may be proof of income, hidden assets, excessive spending during the divorce as revenge against your spouse, plans for parental kidnapping of children, and much more. Deleted messages on a computer or smartphone can be recovered using digital forensic analysis and shared in court. Global Positioning System (GPS) technology can track the whereabouts of a person. It can prove or disprove the location of a person accused of stalking or being somewhere they should not be.

There are legal and illegal means of gathering information. Illegal means are not admissible in court and can result in criminal prosecution. Talk to an attorney that can help you navigate technology and the legal system to protect your interests in pursuit of a favorable outcome.

The Southern Cross Media Directory is Your Best Resource to Find the Right Attorney

If you are contemplating a contested or uncontested divorce, you need solid legal counsel to represent you through this journey. The online Southern Cross Media Lawyer’s Directory is your best avenue to find the right divorce attorney. Our listings are carefully chosen based on the criterion of experience, knowledge, and professional ethics. We offer a wide range of choices to meet your needs in your location and the fee structure that works for you. Search our listings today to find the answers to all of your legal concerns.