In today’s digital age, technology plays a significant role in divorce proceedings, offering both benefits and potential pitfalls. Technology can streamline the divorce process through automation, virtual consultations, and online support groups. However, risks of online security breaches, the impact of your digital footprint, and the complications of intertwined online accounts can lead to additional challenges when separating from your spouse in Illinois.
Benefits of Technology in a Divorce
Technology can be a valuable tool when used in a divorce, helping make the process more efficient and affordable, in some cases. Some of the top ways that technology can be used in a positive way during a divorce include:
Automation
Legal processes that previously required all in-person meetings can now be completed online, saving you time and money through automation. The availability of state approved divorce forms online can streamline paperwork and reduce legal costs for those with simple and straightforward divorces.
Virtual Consultations
Virtual consultations and mediation sessions can also provide separating spouses with a chance to speak with attorneys without the onus of traveling to an office for every visit. This also opens up the pool of qualified divorce attorneys you can choose from if distance to an office location is less of a concern.
Online Support Groups
Online support groups and curated divorce resources can provide information and community, allowing you to feel less alone as you move through the process of separating from a spouse. Groups like The Lilac Tree and local support groups on Facebook can provide a valuable outlet to connect with others enduring similar circumstances.
The Dark Side of Technology in Divorce
Despite the benefits technology offers divorcing couples, it also can present some challenges. Some of the most common misconceptions we see are related to the impact that social media profile and online accounts can have on divorce proceedings. Some specific ways technology can negatively impact your divorce are below:
Online Security Breaches
Though the automation of many divorce proceedings can be convenient, this format of communication can also be susceptible to data and privacy breaches. There is confidential information that must be shared with an attorney during a divorce, like tax returns, bank statements and credit card statements. Ensuring this information is shared through secure networks can help protect the confidentiality of your information and protect your personal accounts. In Illinois, divorce case records are made public and can be accessed in county courts, but they should always omit personal identifying information that could leave you open to identity theft.
Digital Footprint
In a divorce, particularly one involving a custody battle, there are legal standards that you will be assessed on. The evidence provided during these evaluations can impact the outcome of your divorce agreements. During this time of evaluation, evidence can be collected from character references, your employment history, housing, financial and medical records, and documentation of your relationship and mental well being. Evidence from your online profiles and accounts can be admissible as evidence and proof in divorce proceedings. Online accounts that may be reviewed include:
- Venmo, PayPal, or Zelle transactions that might indicate your spending or financial status
- Instagram, X and Facebook posts to reveal lifestyle choices and mental or physical well-being
- Any shared or separate bank accounts
Depending on the circumstance, evidence from social media or online activity can influence decisions regarding child custody and visitation determinations and can have an impact on the financial aspects of a divorce that involve asset division and child or spousal support.
Social Media
Divorce is emotionally taxing and can be a time of significant transition. Managing your online persona during this time and determining if and how you want to announce your breakup can be something that takes a lot of consideration. For some, social platforms can be a place where they vent frustration and share the emotional toll a separation has on them. From a legal standpoint, this kind of posting is NOT ADVISED. Public posts and online comments can be used as evidence in divorce proceedings. You should consult an attorney for situations specific to your case, but it is generally recommended that during a divorce, you handle social media by:
- Limiting social media activity, posting or commenting
- Monitoring what your children are posting online and how they are handling the change
- Avoid deleting accounts abruptly, as this can be a sign in court that you are trying to hide something
- Changing passwords to your personal account to protect your privacy
In some cases, social media is used by jealous and hurt ex-spouses in a way that can lead to harassment or stalking. You should always contact an attorney before engaging in disputes online.
Intertwined Online Accounts
After years of marriage, you likely have many shared accounts for finances, entertainment, and media with your spouse and family. In an Illinois divorce, there is no clear way to separate accounts like Netflix or Spotify, and shared digital assets like photos and videos can require forethought to determine who should maintain access and how these can be shared for the future. Though these types of decisions aren’t the most important in a divorce, they can be points of contention that are often overlooked. For any accounts that clearly belong to only one spouse, you should consider changing passwords and enabling two-factor authentication to ensure your privacy is maintained.
Get legal guidance from an experienced Chicago divorce attorney
Our lives are entwined with technology and online communications. Technology is a tool; it can help simplify processes and connect you with a community, but it can also be used against you. If you have questions about your separation, reach out to our trusted divorce attorneys for a consultation. Our attorneys have deep knowledge of the law, experience in the courtroom to understand what judges favor in divorce cases, and have years of experience working in complex and specialized divorce cases involving children and asset division.