Divorce Attorney Guide: Your Digital Footprint
- Meason & Morris Law
- 3 days ago
- 11 min read
In today's world, we live our lives online. We share our thoughts on Facebook, post pictures on Instagram, and send countless text messages and emails every day. All of this online activity creates a digital footprint. This is a trail of data that you leave behind.
During a divorce, this digital footprint can become a roadmap for your spouse's attorney. It can be used to build a case against you. That's why it's so important to be careful about what you do online when you're going through a divorce. A good divorce attorney can help you understand the risks and protect yourself.
At Meason & Morris Law, we've seen how social media and other digital evidence can change the outcome of a divorce. We want to help you understand how your online life can affect your case. This guide will explain what digital evidence is, how it can be used, and what you can do to protect yourself. We'll also talk about why having an experienced divorce attorney on your side is so important.
What is Digital Evidence?
Digital evidence is any information that is stored or sent in a digital format. This can include a wide range of things, such as:
• Social media posts:
This includes anything you post on Facebook, Twitter, Instagram, TikTok, or any other social media platform. It also includes comments you make on other people's posts.
• Text messages and emails:
These are some of the most common types of digital evidence. They can be used to show what you were thinking and feeling at a certain time.
• Financial records:
This includes information from your bank accounts, credit cards, and any financial apps you use, like Venmo or PayPal.
• GPS and location data:
Many of the apps on your phone track your location. This data can be used to show where you've been and when.
• Dating app profiles and messages:
If you're on a dating app, your profile and any messages you send can be used as evidence in your divorce.
• Photos and videos:
Any pictures or videos you take or share can be used as evidence. This includes photos you post on social media, as well as photos you send to other people.
It's important to remember that even if you delete something, it may not be gone forever. Deleted data can often be recovered by a digital forensics expert. That's why it's so important to be careful about what you do online during a divorce.
How Social Media Can Affect Your Divorce
Social media is a big part of many people's lives. But when you're going through a divorce, it can be a minefield. Here are some of the ways that social media can be used against you in a divorce case:
Child Custody
If you have children, your social media posts can be used to argue that you're not a good parent. For example, if you post pictures of yourself partying or drinking, your spouse's attorney could argue that you're not responsible enough to have custody of your children.
Even if you think a post is harmless, it can be taken out of context and used against you.
It's also important to be careful about what you say about your spouse online. If you post negative things about your spouse, it could be seen as a sign that you're not willing to co-parent effectively. This could hurt your chances of getting the custody arrangement you want.
Financial Issues
Your social media posts can also be used to make arguments about your finances. For example, if you're claiming that you can't afford to pay alimony, but you post pictures of yourself on an expensive vacation, your spouse's attorney will use that against you. They'll argue that you're not being honest about your financial situation.
It's also important to be careful about what you say about your job or your income online. If you post about a new job or a raise, your spouse's attorney could use that information to argue that you should be paying more in alimony or child support.
Adultery
If you're accused of cheating on your spouse, your social media posts can be used as evidence. For example, if you post pictures of yourself with a new partner, or if you're tagged in pictures with someone else, it could be used to show that you were having an affair. Even if you're not in a new relationship, your spouse's attorney could try to use your social media activity to make it look like you were.
What You Can Do
The best thing you can do to protect yourself is to be very careful about what you do on social media during your divorce. Here are some tips:
• Stop posting:
The safest thing to do is to stop posting on social media altogether until your divorce is final.
• Make your accounts private:
If you don't want to stop posting, at least make all of your social media accounts private. This will make it harder for your spouse's attorney to see what you're posting.
• Don't post about your divorce:
Don't post anything about your divorce, your spouse, or your children. This includes venting your frustrations or sharing details about your case.
• Be careful about what you "like" or "share":
Even if you don't create a post yourself, liking or sharing someone else's post can be used against you.
• Ask your friends not to post about you:
Ask your friends and family not to post pictures of you or tag you in posts until your divorce is final.
Text Messages and Emails as Evidence
Text messages and emails are another common form of digital evidence in divorce cases. They can be used to show what you were thinking and feeling at a certain time. They can also be used to show what you agreed to or what you promised.
What to Do with Text Messages and Emails
If you have text messages or emails that you think could be used as evidence in your divorce, it's important to save them. Here are some tips for saving text messages and emails:
• Take screenshots:
The easiest way to save a text message is to take a screenshot of it. Make sure the screenshot shows the date and time the message was sent, as well as the name of the person who sent it.
• Use a text extractor app:
If you have a lot of text messages to save, you can use a text extractor app. These apps will download all of your text messages to your computer as a PDF.
• Save emails as PDFs:
You can save emails as PDFs by using the "print" function in your email program and selecting "save as PDF."
It's also important to remember that you should save the entire conversation, not just the messages that you think are helpful to your case. If you only save part of a conversation, your spouse's attorney could argue that you're trying to hide something.
What if I Deleted a Message?
Even if you delete a text message or email, it may not be gone forever. Your spouse's attorney can subpoena your phone records from your cell phone provider. These records will show the date and time of every text message you sent and received. They may also be able to recover the content of the messages.
That's why it's so important not to delete any messages during your divorce. If you delete messages, your spouse's attorney could argue that you're trying to destroy evidence. This could hurt your case and even lead to legal trouble.
Other Types of Digital Evidence
In addition to social media, text messages, and emails, there are many other types of digital evidence that can be used in a divorce case. Here are a few examples:
• Financial apps:
If you use financial apps like Venmo or PayPal, your transaction history can be used as evidence. For example, if you're sending money to someone your spouse doesn't know, it could be used to suggest that you're having an affair.
• GPS and location data:
Many of the apps on your phone track your location. This data can be used to show where you've been and when. For example, if you say you were at home with the kids, but your GPS data shows that you were at a bar, it could be used to show that you're not being truthful.
• Dating apps:
If you're on a dating app, your profile and any messages you send can be used as evidence. Even if you're just browsing, your spouse's attorney could try to use it to show that you're not committed to your marriage.
• Smart home devices:
Smart home devices like Amazon Echo and Google Home are always listening. They can record conversations that can be used as evidence in your divorce.
How to Protect Yourself
The best way to protect yourself from digital evidence being used against you in your divorce is to be very careful about what you do online. Here are some tips:
• Assume everything you do online is public:
Even if you think something is private, it's best to assume that it could be seen by your spouse's attorney.
• Change your passwords:
Change the passwords to all of your online accounts, including your social media accounts, email accounts, and financial accounts.
• Be careful what you search for:
Your search history can be used as evidence. Be careful what you search for online, especially if it's related to your divorce.
• Talk to a divorce attorney:
An experienced divorce attorney can help you understand the risks of digital evidence and what you can do to protect yourself.
Understanding the Legal Rules of Digital Evidence
Not all digital evidence is automatically allowed in court. For digital evidence to be used, it must meet certain legal standards. The evidence must be relevant to your case. This means it must help prove or disprove something important. The evidence must also be authentic. This means you must be able to prove that it's real and hasn't been changed or edited.
Your spouse's attorney will need to show that a text message or email actually came from you. They might do this by getting you to admit that you sent it. They might also use other evidence, like the fact that the message contains information that only you would know. If there's any question about whether the evidence is real, the judge might not allow it to be used in court.
That's why it's so important to save complete conversations and not just selected messages. If you only save the messages that help your case, your spouse's attorney could argue that you've edited the conversation. This could make the judge question whether your evidence is trustworthy.
The Discovery Process and Digital Evidence
During a divorce, both sides have the right to request information from each other. This is called the discovery process. Your spouse's attorney can request copies of your text messages, emails, social media posts, and other digital records. If you don't provide this information, you could face serious consequences.
The discovery process can also include requests for information from third parties. For example, your spouse's attorney might subpoena records from your cell phone provider, your internet service provider, or your bank. They might also hire a digital forensics expert to examine your phone or computer.
A digital forensics expert can recover deleted files, examine your internet browsing history, and find hidden information on your devices. They can also create a timeline of your digital activity. This can be very powerful evidence in a divorce case.
Common Mistakes People Make with Digital Evidence
Many people make mistakes when it comes to digital evidence during a divorce. Here are some of the most common ones:
• Deleting evidence:
As we've discussed, deleting text messages, emails, or social media posts doesn't make them disappear. It can actually make things worse by making it look like you're trying to hide something.
• Lying about digital evidence:
If you're asked about a text message or email during your divorce, don't lie about it. If you say you never sent a message, but your spouse's attorney can prove that you did, it will seriously damage your credibility.
• Hacking into your spouse's accounts:
It might be tempting to try to access your spouse's email or social media accounts to see what they're saying. But this is illegal. Any evidence you get this way can't be used in court. You could also face criminal charges.
• Posting about your case online:
Don't post about your divorce case on social media. Don't talk about what's happening in court or what your attorney is telling you. This information could be used against you.
How a Divorce Attorney Can Help
A divorce attorney can be a valuable resource when it comes to digital evidence. Here are some of the ways a divorce attorney can help:
• They can help you understand the risks:
A divorce attorney can explain the specific risks you face based on your online activity. They can review your social media accounts and other digital records to identify potential problems.
• They can help you protect yourself:
A divorce attorney can give you advice on how to protect yourself from digital evidence being used against you. They can help you understand what to delete and what to save.
• They can help you gather evidence:
If you think your spouse has digital evidence that could be helpful to your case, a divorce attorney can help you get it. They can subpoena records and hire digital forensics experts to recover deleted data.
• They can help you use evidence in court:
A divorce attorney knows the rules of evidence and can help you get your digital evidence admitted in court. They can also help you challenge any digital evidence that your spouse's attorney tries to use against you.
• They can protect your rights during discovery:
Your attorney can make sure that your spouse's discovery requests are reasonable and that your privacy rights are protected.
Real-World Examples of Digital Evidence in Divorce
To help you understand how digital evidence can affect a divorce case, here are some real-world examples:
• The vacation photos:
A husband claimed he couldn't afford to pay alimony because he had lost his job. But his Facebook page was full of photos from an expensive vacation he had just taken. The judge didn't believe his claim about his finances, and he ended up having to pay more in alimony than he might have otherwise.
• The dating app:
A wife claimed that her husband had been unfaithful. She found evidence that he had been using a dating app during their marriage. The messages he sent on the app proved that he had been meeting other women. This evidence helped her get a more favorable property division.
• The angry texts:
A father was fighting for custody of his children. But his ex-wife had saved text messages where he had said angry and threatening things. These messages made him look unstable, and he lost his custody case.
• The GPS data:
A mother claimed that she was spending all of her time with her children. But GPS data from her phone showed that she was frequently at a bar late at night. This evidence hurt her custody case.
These examples show how powerful digital evidence can be in a divorce case. They also show why it's so important to be careful about what you do online.
Conclusion
Your digital footprint can have a big impact on your divorce case. That's why it's so important to be careful about what you do online when you're going through a divorce. By following the tips in this guide, you can help protect yourself from digital evidence being used against you.
If you're going through a divorce, it's important to have an experienced divorce attorney on your side. At Meason & Morris Law, we can help you understand the risks of digital evidence and what you can do to protect yourself. Contact us today to schedule a consultation.
Meason & Morris Law is a legal firm led by seasoned attorneys Marty Meason and Chris Morris. We provide a professional experience for all our clients, helping them navigate their legal rights. We focus on Criminal Justice Law (felonies and misdemeanors), Divorce and Family Law, Expungement and Felony Law, Probate Law and also have Trial experience. Serving Washington County, Nowata County, Osage County, Rogers County, Payne County, Pawnee County, and Kay County in Oklahoma.
Meason & Morris Law
515 Delaware Ave
Bartlesville, OK 74003
918-336-6300
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