Technology has become part of nearly every aspect of our lives, and divorce is no exception. From text messages and social media to email and location tracking, the digital world can play a significant role in how divorce cases unfold. The information we share online, intentionally or not, can be used as evidence in court. At Cohen Family Law, we’ve seen firsthand how technology can help or hurt your case.
Let’s take a closer look at the ways technology may affect your divorce and what you can do to protect yourself.
Smartphones and Text Messages
Most people use their phones without thinking twice. But during a divorce, what’s stored on your smartphone might end up in a courtroom.
Text messages, call logs, photos, and even app activity can be used to show:
- Who you’re communicating with and how often
- Where you’ve been based on location data
- How you’re spending money or managing shared finances
- Emotional tone that might support or contradict claims about conduct
Courts may allow this type of data if it’s legally obtained. In some cases, a spouse may subpoena text message records or gain access to an unlocked phone. However, installing spyware or secretly accessing accounts without consent can lead to legal consequences. If you’re unsure what’s legal or fair to use, we will help you understand your rights and boundaries.
Computers, Emails, and Online Accounts
Email accounts and digital files are another source of evidence during divorce proceedings. If you have lawful access to an account, such as a shared computer or an account that’s not password-protected, emails and documents stored there may be reviewed.
Keep in mind:
- Emails sent by your spouse could be subpoenaed
- Internet activity might reveal spending habits, romantic relationships, or parenting concerns
- Business or shared computers may contain financial or legal documents tied to the divorce
We recommend using caution with your own digital activity, too. Avoid writing anything on a device that you wouldn’t want read in court. If you’re concerned your spouse may be monitoring your computer, we can help you assess the situation and advise you on how to protect your privacy.
Social Media and Online Behavior
What you post online can quickly become part of your divorce case. Social media platforms, dating sites, and forums often create a timeline of your personal life—one that’s visible to your spouse, their attorney, and the court.
Posts, photos, and check-ins can reveal:
- Your whereabouts and activities
- Who you’re spending time with
- Spending habits, vacations, and lifestyle choices
- Contradictions to claims made during the divorce
Even deleted posts may still be retrieved or preserved through screenshots or legal discovery. If you’re going through a divorce, consider taking a break from social media. If you continue using it, assume every post could be shown in court. When in doubt, we will help you review your digital footprint to avoid missteps.
How Technology Affects Custody, Support, and Property Division
Digital evidence doesn’t just play a role in proving misconduct. It can also impact more practical parts of the divorce process. For example:
- Texts or emails may demonstrate a pattern of cooperation or conflict that affects custody
- GPS records could be relevant in parenting time disputes
- Bank transfers or app activity might support or challenge claims about shared finances
Whether you’re negotiating a settlement or preparing for trial, we’ll work with you to identify helpful evidence and address anything that could raise concerns.
Talk to a Divorce Attorney About Your Digital Privacy
Divorce is already a stressful process. Technology can make it more complicated if you’re not careful. That’s why it helps to work with a legal team that understands how digital evidence works and how to keep your case on track.
At Cohen Family Law, we know how to approach these issues with clarity and discretion. We’ll help you understand what may be used as evidence, what to avoid, and how to protect your privacy while we move your case forward.
If you have questions about divorce, privacy, or digital evidence, call us today to schedule a confidential consultation.
