You and your spouse have separated. You’re considering whether to get a divorce, or perhaps you’ve already begun the process. You may have been living essentially separate lives for some time and may now be living apart. However, your electronic footprints may still be intertwined.
If you both have access to a shared iCloud, Apple ID or similar account, any images that are sent to it can be viewed by your spouse. He or she could possibly use this content against you, e.g., those sexy photos and texts meant only for your new significant other may be readily available to your soon-to-be ex-spouse.
Maybe you know better than to send anything that could present you as anything less than a highly-responsible parent who should have primary custody of your children (or the less-monied spouse who needs the alimony you’re seeking). However, what if you have access to compromising images and communications that your spouse didn’t realize you could see?
Maybe your husband is claiming that he can’t afford to pay alimony, but he’s taking a new girlfriend out to expensive restaurants several nights a week. Perhaps your wife wants sole custody of the kids, but she’s leaving them with a babysitter most nights to go bar-hopping with friends.
Attorneys are iincreasingly being provided with “evidence” against their clients’ spouses and having to weigh whether or not it’s best to use it. Depending on how tech-savvy the client is, some of it can be extensive. However, attorneys often warn their clients that presenting this information in court can do more harm than good.
While it’s important to be careful what you share electronically while you’re in the process of divorce, you can take steps to protect your privacy. This may involve changing passwords and closing accounts. Your Arizona family law attorney can provide valuable guidance as you work to resolve the issues of property division, support and custody as you navigate your divorce.