Technology has been with us for decades now and society has embraced the various changes. It's becoming increasingly evident that there's a link between the increase in divorce rates and the advancements in modern technology. With the surge in technological innovations, such as mobile devices and social networks, it's noticeably simpler for couples to get involved in extramarital relationships.
Consequently, it's often observed that technology has had a role in the breakdown of relationships, sometimes leading to divorce. During the divorce process, technology can continue to impact the proceedings. You may realize that technology you were previously unaware of hurts your case when it’s too late. Your former spouse can weaponize anything and use it to their advantage.
You must familiarize yourself with the different forms of modern technology and understand how it can affect your case. You gain a significant advantage by keeping apprised of new technologies and the different ways they can harm your divorce case. Here are some good examples.
1.Social Media
Social media has provided a way to stay in touch with our loved ones and communicate globally without worrying about geographical boundaries. However, it is also one of the biggest contributors to the soaring divorce rates. A 2018 research by a United Kingdom divorce site found that Facebook (News - Alert) shows up in at least 20% of divorce cases as a contributing factor.
At least one spouse blamed the other’s conduct on the site for the divorce. It could range from flirting or cheating to other forms of incriminating behavior. A few years down the line and the number has leaped to 33%.
These days, it is common for one spouse to use social media as evidence during a divorce trial. The most prevalent forms used in court include facebook posts, tweets, direct messages, and photos. Social media posts are often used as a weapon in vital areas of a divorce case such as equitable distribution, child custody, and visitation.
2.Cell Phones
Over 96% of the global population now possesses a mobile device. The current advancements in technology enable the tracking of location, call records, and browsing history through these devices. If you've been present during a divorce hearing, you might have encountered one party seeking to subpoena text messages or any other data associated with your mobile phone, like call records.
These records serve as evidence for claims of adultery, especially in fault-based states. In no-fault states, however, they can still significantly influence your case. Courts may use this information to assess moral character, impacting decisions related to child custody, child support, spousal support, and visitation rights.
The court also pays attention to information related to threats issues though text messages and phone calls. If you are going through a divorce and are worried your cell phone could complicate things, go here for practical divorce resources. Mobile apps can provide information about your habits such as gambling, purchases, and drug use to determine the division of marital assets.
3.Emails
Emails can give a lot of personal information you thought would never see the light of day. They could point to a lover or gambling websites which can be huge evidence in divorce cases. If the case goes to court, your spouse may use your emails to back their claims.
They can go as far as getting a subpoena for all your email records to force you to produce them if they don’t have access yet. In some cases, the court can use email records to determine the full assets of you or your partner in the marriage. They can show the full extent of their accounts, holdings, and much more.
4.Hard Drives
You could be sharing a computer with your spouse, or maybe you both have your own but can still access each other’s computer. The hard disk on the computer can provide a lot of information that could be used in a divorce. It can provide financial records, emails, social media sites and browsing history, passwords, and pictures and videos.
Many of these play a part in the divorce process. Your spouse can use them to find evidence of infidelity. They can also use them to access financial records to prove the existence of assets or show ownership. Even if you delete the information, a forensic expert can recover it and submit the data to court.
5.Shared Accounts
Many married couples often use shared accounts for different contracts. This can cause huge problems with the divorce process. They could be anything from shared phone plans to TV subscriptions. Terminating the plan early could force you to pay off the cell phone you got with the plan to cover early termination charges. For email accounts, you will have to negotiate who keeps the email instead. The more you can separate yourself the less information they have to use against you.
6.Shared Passwords
Your spouse could know the password to your phone or social media account which is common in many marriages. However, it can complicate things when it comes to divorce. Having your password means they can access any information they could use to incriminate you. Ideally, you need to change all passwords for your accounts as soon as the divorce process starts. This can help you protect yourself.
7.Surveillance Apps
It is normal for one party to try everything to prove that you are in the wrong. Surveillance apps can help your spouse track your location and access your phone remotely. Make sure you uninstall any apps that need you to share your location. Also look out for any applications on your phone that require peculiar permissions to function. They could be accessing your phone calls and messages without your knowledge.
8.Financial Technology (Fintech)
In recent years, the rise of financial technology has transformed how couples manage their finances. From digital payment apps to cryptocurrency, financial assets are now more diverse and complex. During a divorce, these assets become part of the settlement discussion, requiring a detailed examination of digital financial records, investment apps, or blockchain transactions.
Fintech tools can complicate the division of assets, especially if one party has more control or knowledge about these digital financial resources. Privacy, ownership, and valuations of digital assets often require specialized expertise or forensic analysis to ensure a fair and accurate distribution during divorce proceedings.
Endnote
Technology has had a net positive effect on society but there still exist some aspects that have been impacted negatively. Divorce is a highly emotional and complicated process and you need to do everything you legally can to ensure that technology does not make it even harder.
