Know-how and Divorce – Telephones, Texts, and Digital Data

Half I of this text mentioned the Digital Do’s and Don’ts concerning on-line passwords and social media throughout divorce. Information from these on-line platforms may be “found” in court docket and presumably be used towards you. Due to this fact, if you end up concerned in a household legislation associated dispute, think about rigorously the record of Do’s and Don’ts for Know-how and Divorce in Half II under.

By Yueh-Mei Kim Nutter and Kyle Morgan

Cell Telephones and Textual content Messages

Woman with cell phone in hand highlighting the impact of technology and divorce

Any textual content message may be saved with out your information. Mobile carriers at the moment are capturing the contents of textual content message and storing them within the cloud, making them recoverable via subpoenas. Even cell forensics could possibly recuperate deleted textual content messages that may be obtained in court docket via subpoenas. 

Due to this fact, throughout a household legislation case, you will need to by no means ship a textual content message you wouldn’t need to a decide to learn aloud in open court docket. Additionally, save and print all textual content messages that could be of worth to make use of towards your partner in a pending case. By no means depend on your cellphone or the cloud to robotically hold them. Additional, if you happen to and your partner are on the identical cellphone plan, it’s time to separate the accounts. This can shield the cross-sharing of cellphone data by separating billing.

Don’t overlook that each one cell telephones now have location providers that monitor your each second. Most spouses additionally share areas via apps akin to Discover My Buddies. It is very important be sure location providers are disabled in your cellphone, iPad and different gadgets and to cease sharing your location along with your partner. Allow your GPS location to make use of for instructions after which disable your location upon the arrival at your vacation spot. Test your kids’s cell telephones for location providers as properly. 

Your Youngsters’s Accounts and Gadgets

Youngsters’s on-line accounts and gadgets current a possible tough problem to folks throughout a divorce. A toddler’s cellphone it’s probably tied to a mother or father’s already present cell community account. Because of this a partner can entry that community via the kid’s cellphone. Dad and mom ought to talk with one another and tackle who owns the account and what which means for the mother or father that doesn’t. 

Dad and mom also needs to think about parental controls on a toddler’s gadget. Dad and mom ought to talk with one another and tackle who controls the parental controls on the kid’s gadgets. Dad and mom have to be on the identical web page with what web sites and apps the kid is permitted to make use of.

It is vital for each mother and father to have all usernames and passwords for all of their kids’s gadgets and accounts. That method, mother and father are consistently on the identical web page with regards to what their baby is consuming on the web, who they’re associates with on social media, and what they’re posting on-line. Lastly, concerning their kids’s social media, each mother and father must be associates with their kids on Fb and may comply with their kids on Instagram, Twitter, TikTok, and many others. 

Copy Digital Data

As soon as a household legislation case has been filed or is about to get filed, you might not have entry to the identical digital data you probably did earlier than the dispute began. Your partner could have already modified passwords to on-line financial institution accounts, insurance coverage insurance policies, and enterprise accounts. Due to this fact, you will need to make an inventory of all related on-line accounts you’ve got entry to and collect as a lot data you’ll be able to.

It’s endorsed that you just discover a protected space for storing akin to an exterior laborious drive or a cloud primarily based storage service akin to DropBox, and obtain and save all textual content messages, emails, images, enterprise data, insurance coverage insurance policies, banking data and different necessary paperwork you’ve got entry to. 


  • Backup and save all necessary paperwork, data, pictures, movies, and many others. 
  • DO NOT delete paperwork, data, or accounts you assume could damage your case. 
  • Print and save all textual content messages that could be of worth to make use of towards your partner in a pending case. 
  • DO NOT ship a textual content message you wouldn’t need to a decide to learn aloud in open court docket. 
  • Talk along with your partner about your baby’s on-line accounts and parental management settings.
  • Assume twice earlier than sending, posting, and deleting. 

Yueh-Mei Kim Nutter

Yueh-Mei Kim Nutter is Companion in Brinkley Morgan’s Boca Raton, Fort Lauderdale and West Palm Seaside workplaces. She is a board licensed Household & Matrimonial Legal professional who focuses on household legislation circumstances, guardianship points, and property and probate circumstances.

Attorney Kyle Morgan

Kyle Morgan is an legal professional in Brinkley Morgan’s Fort Lauderdale workplace. He focuses his follow within the areas of marital and household legislation, company legislation and enterprise growth. 

Discover out extra about Brinkley Morgan, Attorneys at Law.

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