In this modern cell phone era, most everyone carries around what is tantamount to a personal computer in their pocket, making electronic data a key player in family law cases. No doubt one would be hard pressed these days to have a client who does not have a Facebook page or Twitter handle. And most people don’t stop to think about how uploading a photo at the beach or a status update regarding their Mercedes can come back to haunt them when they become a party to litigation. Worse yet, a party to a divorce does not anticipate how a social media “check-in” at the local jewelry store with a paramour can make that venture a much more expensive shopping spree.
There are so many ways a party can become exposed to liability or eventually create a litany of damning evidence in the legal process known as “discovery”—the process by which the opposing side can, by law, require you to turn over all sorts of documents, photos, social media output, and other information about yourself. This article, therefore, aims to help you understand how best to keep you, both before and after you are involved in a divorce, from sabotaging your case.