Digital Developments in Divorce Law

Separation and divorce in the digital world are increasingly distinct from those in the pre-digital world. Technology impacts all aspects of it, from sometimes causing breakups to affecting how evidence is gathered and how the divorce proceeding moves forward.  

Long before a couple decides to separate or divorce, the digital world has likely affected their relationship. Technology can put strain on a relationship and, in the absence of good communication skills between the couple, can tear it asunder. Technology also makes it easier to start and hide physical and emotional affairs. Privacy and trust issues are also more prevalent in the online world. With whom should you share passwords or allow access to your messages and emails? Differences of opinion among spouses can create real problems in the marriage. Read on to learn more about the many ways in which the digital world is impacting divorce law.

Filing For Divorce Online

Divorce can be complex from a legal and procedural standpoint, particularly if the couple has children and/or significant assets. Here at The Law Offices of Brandon Bernstein, LLC, we suggest that you hire a Bethesda divorce attorney to help you through the process. Sure, you could manage your divorce by yourself, and you could file the forms online. However, we do not recommend doing so. While there is a wealth of helpful resources to lead you through the process, it is always best to work with an attorney who knows and understands the intricacies of the law, particularly as it pertains to child support, child custody, and spousal support.

Electronic Discovery For Evidence Gathering

Discovery is a phase in a divorce proceeding during which the parties seek information and documents not readily known or obtainable to develop the legal theory of their case. Electronic discovery is now the rule rather than the exception for gathering evidence. Divorce attorneys subpoena emails, texts, and other social media to try to uncover what divorcing spouses were up to during their marriage. Make no mistake – social media can play a large part in determining alimony and child support.

For example, a divorcing spouse may claim that he lacks the funds to pay a high level of alimony. But social media posts showing him with his new Mercedes SUV will belie that statement. Similarly, in the area of child custody, a parent may claim that she is best suited to be the custodial parent, but Instagram posts showing extensive travel without her children will prompt the court to pause.

Social media is a treasure trove of evidence of infidelity, and can be used as evidence in trials. And social media isn’t the only Achilles heel for many divorcing spouses. Texts, emails, and even internet history can be used as evidence, depending on the facts that the opposing attorney is trying to prove. This information is generally not considered private and can be accessed by computer-savvy family law investigators.

Digital Assets In Divorce Cases

How are digital assets handled in divorce cases? Digital assets are resources or property that exist in digital form, including cryptocurrencies, intellectual property, online businesses, and even social media accounts.  Increasingly, couples have joint assets of cryptocurrency, intellectual property, and online accounts. While Maryland has clear laws and guidelines for property distribution, digital assets can cause confusion and concern for divorcing spouses.  The question of ownership, valuation, and distribution can become complex. In Maryland, property acquired during the marriage is considered to be marital property and subject to the state’s equitable distribution principles. 

One of the most common digital assets is cryptocurrency. A major issue here is valuation, as the currency valuations can swing significantly even within a matter of days. It’s important that your Bethesda divorce attorney has a relationship with a financial expert who understands how to value digital assets so that you receive the distribution to which you are entitled. It’s important to remember that transparency is important as you disclose your assets to your Bethesda divorce attorney, and that there are penalties for failure to fully disclose truthful information.

Many couples also jointly own intellectual property such as copyrights, trademarks, and other licenses. Many of these intellectual property rights are managed digitally, so appraisers are also required to help determine the appropriate distribution of property.

Additionally, online accounts such as checking, savings, and investment accounts are often managed digitally. Online accounts that generate interest or income are often deemed marital property and must be evaluated and divided accordingly. 

Online Support For People Who Are Divorcing

There are digital support groups for all kinds of matters for which people seek community. If you are suffering emotionally, physically, financially, or in other ways from your divorce, with a little bit of online searching, you can find a community that will help and understand you.

Digital Support Post Divorce For Co-Parenting

Online communication can be a valuable tool in co-parenting, allowing parents to communicate effectively and efficiently about their children’s needs. Benefits include:

• Convenience – With online communication, parents can communicate at a time and place that is convenient for them.
• Reduced conflict – In many cases, online communication can help reduce conflict between parents by providing a clear, permanent record of their interactions.
• Increased flexibility – Online communication can facilitate flexible scheduling and arrangements for the children.

Co-parenting apps such as OurFamilyWizard and CoParenter, online messaging platforms such as WhatsApp and Facebook Messenger, and video conferencing tools such as Zoom and Skype can facilitate communication between separated or divorced parents. 

Contact The Law Offices of Brandon Bernstein, LLC

Here at The Law Offices of Brandon Bernstein, LLC, we are digitally savvy. Our goal is to help you through a very difficult life event with empathy and care. With our experience and knowledge, we can lead you to the best possible resolution for you and your family. Contact us today for a free consultation.