In today’s world technology plays a prominent role in almost everything we do. About two-thirds of Americans own a smartphone, and they use them for both professional and personal reasons – from talking, texting, emailing, banking, participating in social media, taking and sharing photos and keeping up with news and information. The mobile phones that we carry with us everywhere, and which many people keep within an arm’s reach at every hour of the day and night, contain a treasure trove of information about every aspect of our lives. Most American adults access the Internet from their mobile phone much more than they do from a laptop or desktop computer.
In these days of “digital discovery,” you should assume that anything you post about yourself or your life online can be discovered by your spouse and their legal team even if you think it is password protected and not visible to the general public. If you are preparing to get divorced, or are in the process of getting divorced, there are some steps that you can take right now to protect your privacy.
- Go dark on social media. Take a hiatus from posting on social media accounts with any details about your divorce, your personal life or your whereabouts until the divorce has been settled. Do you have a personal blog? Do not write about the divorce, about what a “fool” your spouse is, about your purchases or your travels. Stay away from Facebook, Twitter and Instagram, too. Be mindful that when you take a picture with your mobile phone, it contains meta-data that includes the GPS coordinates for where the picture was taken, the date and the time. Be aware that anything you post can potentially be used against you in your divorce.
- Change your passwords. Go through all of your accounts: email, social media, online banking, and any other online services that you use on a regular basis and change the password and the security questions.
- Stop using email to exchange any sensitive information. In other words, do not put it in writing. If you are thinking about emailing something to someone and you would not want that piece of communication printed out and read in open court, then do not write it and do not send it.
- Do not start deleting everything. Once the divorce proceeding is underway, or you are aware that it is coming, do not delete or destroy any of your electronic data. This can be considered spoliation of evidence and it can get you into trouble.
- Do not hack your spouse’s email. Even if you know how to gain access to your spouse’s email account, resist the urge to do so as this is illegal. Information obtained in an illegal search is likely inadmissible anyway.
The final tip is to simply use the utmost discretion when you are communicating online. Almost every online communication leaves a trail, even after you think you have deleted it.
Technology seems to rule our lives these days, and when you are going through a divorce there are precautions you can take to protect your data privacy during the divorce process. The legal team at the Nashville law firm of Karla C. Miller & Associates, PLLC has helped many clients resolve their divorce and get a favorable result. Contact us to reserve your consultation time with an experienced Nashville divorce attorney.
Karla C. Miller has devoted her entire career to the practice of family law in Tennessee. She attended Auburn University and Nashville School of Law, and upon graduation in 1996, she opened her own law firm and has been assisting families throughout Tennessee since then. Learn more about Karla C. Miller here.