How Online Activity Can Impact Divorce Proceedings

Online activity is like a footprint that tells where the users have been on the internet. It logs the websites that were visited and the actions performed on the website. Depending on the nature of the online activity, the impact on the divorce proceedings can be positive or negative. Nearly five billion people worldwide actively use the internet. Online activity may be in the form of shopping, communication, work or school activities, and social media. When people use social media, their posts may be public. If they give people access to view their private accounts and posts, the viewers have the ability to share, save, or screenshot the posts.

When people go through a divorce, they may have negative feelings about their spouses. They may have hurt, sad, and angry feelings about what led to the divorce or the divorce process itself. Online activity could be used against a spouse in a divorce case. During the divorce process, the spouses or their attorneys may request access to the other spouses’ online activity. This may include the browsing history, access to private social media accounts, and access to personal email accounts. Although certain information may not be attainable due to evidentiary rules, a spouse may be required to submit or give access to online activity if an accusation or suspicion of a crime or harm is alleged by the other spouse.

What you say and do online can impact divorce proceedings if the information is relevant to the divorce issues. For example, online banking activity may reveal property or money concealed by one of the spouses. Photos that spouses are in or post online may also impact issues such as child custody and parenting time.

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