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Technology Entanglement in Family Law

8.23.21 | by Lance Fogarty

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Key Takeaways

• Complexity of Digital Entanglement in Divorce: The advancement of technology has deeply intertwined with our daily lives, making divorce proceedings more complex. Issues now extend beyond traditional concerns to include text message privacy, email access, location tracking, and surveillance, highlighting the need for careful consideration and handling of digital privacy during separation.
• Privacy Risks and Potential Dangers: The erosion of mutual respect for privacy during divorce can lead to significant risks, including unauthorized access to personal communications and accounts, stalking, and even dangerous situations. This underscores the importance of understanding and managing digital devices and services to protect personal information and maintain safety during the divorce process.

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The technology in our lives can run much deeper than many of us realize on first thought. The advancement of technology has entangled us like never before in history and it will only continue to further permeate our reality. Where once a divorce attorney was only concerned with assets, finances, and children, we now have a host of other devices and services households utilize to run their daily lives.

From both business and personal experience, I have seen text messages showing up on random family devices, emails with attorneys being copied or accessed by others, location tracking, stalking of spending habits, home security and surveillance intrusion, online account hacking, and even explicit content showing up on children’s devices. Mutual respect of the others’ privacy all too often disappears during the divorce process and on rare occasions, it can even become dangerous.

The article I wrote in 2018, Practical Advice for Separating Digital Lives During Divorce, is only the tip of the iceberg. If you have a Google Home or Amazon Alexa device, you might want to read this article, Amazon Alexa: Woman used smart speaker to tell ex’s lover to go.

If you are interested in delving more into this complex topic, ask us about the CLE we are writing on this subject.