Mary Carollo: Electronic Data in a Divorce

In today’s digital-heavy age, it has become increasingly likely that electronic assets will become subject to a review during the divorce process. To that end, it’s important to think about what will happen to your emails, texts, Facebook posts, Tweets and other electronic communications and data.

You might consider having your legal team dig into your social media posts and electronic communications before your spouse’s attorney has the chance to do so. However, this can only do so much — going on a mass deletion spree likely will not reflect well on you in the eyes of the court. There are some steps you can take to mitigate the potential damage your online data could cause:

Limit your online activity: You might consider deactivating your social media profiles or simply scaling back how much you post and the types of things you share. Never post anything about new relationships, spending or anything that could reflect poorly on you in a divorce case.

Change your passwords and security questions: These steps will help you to ensure your spouse will not be able to access your accounts.

Use a brand-new email account: You will likely want to change your email address at some point anyway, especially if you plan on changing your name back to your maiden name. You might as well get ahead and use a new address to conduct your personal business that you know will be inaccessible to your spouse.

Tighten privacy settings whenever possible: If you do continue to use social media, make sure you limit the people who can see the things you are posting.

Control devices and storage: If you share devices or cloud storage accounts with your spouse, make sure you keep control of them as much as possible. It can also be a good idea to turn off location tracking functionality.

Backlog of Divorces Can Make It Harder to Get Divorced in Utah

For the last several years, the state of Utah has had a significant backlog of divorce cases clogging up its courts, making the process longer and more difficult for couples statewide.

According to information from the Utah Office of Court Administration, there were approximately 4,500 contested divorces left pending from last year — up by 10 percent since the year before. Some pending divorces take up to a year to process.

What’s causing the delays?

Divorce attorneys point to several factors that may have led to the increase in waiting times for contested divorces. Budget cuts are, of course, always a factor that must be considered.

Perhaps the most significant factor, however, has been a change to state law a few years ago that allowed couples in Utah to file for “no-fault” divorces. Previously, couples had to prove certain grounds for divorce, such as adultery or cruelty. Now that there is a more streamlined process and there are not as many restrictions on who can file for divorce in the state, there has been a notable increase in people getting divorced.

It’s worth noting that some experts point to improved economic conditions as a reason for the increase in divorce cases since 2010.

Because of a lack of resources, couples often must wait for months for a court to hear their case. This can be understandably frustrating for those who just want to get the process over with and move on with their lives.

Free Consultation with Divorce Lawyer in Utah

If you have a question about divorce law or if you need to start or defend against a divorce case in Utah call Ascent Law at (801) 676-5506. We will fight for you.