Navigating Divorce in the Digital Era With Calabrese Budner
Caution and Awareness Are Key
BY PC Studios // 07.15.24Carla Calabrese and Lee Budner.
This article is promoted/partner content and not produced by the editorial staff.
In recent years, divorce has changed dramatically. In addition to legal changes, the ever-evolving landscape of technology and social media has impacted how divorces and other family-law disputes play out. Seasoned divorce attorneys Carla Calabrese and Lee Budner advise family and law clients to approach technology and social media with awareness and intention. “In a day and age of digital footprints and multiplying methods of communication, caution is key. Ideally, you should work with your divorce attorney to develop a plan that covers what you should and should not do,” Budner says. Calabrese cautions that social media can also have an emotional impact on you during this sensitive time. “Comparing your life to the curated versions often portrayed on social media can contribute to feelings of inadequacy or loneliness,” she says.
Use social media with caution.
Social media can be used as a platform to connect with family and friends, but it poses potential risks during divorce proceedings. Calabrese and Budner caution against using social media as an outlet for voicing frustrations. Remember that anything you say can be taken out of context, saved, and used against you later. For example, a public complaint about your soon-to-be ex can be used as evidence of an attempt at parental alienation. A supportive comment from an old high school sweetheart could be misconstrued and presented as “proof” that you’ve been having an extramarital affair. Posts about new purchases, vacations, or lifestyle changes can also be used as evidence, as it relates to financial issues in the marriage. “In court, people see opposing parties and lawyers take statements out of context all the time to advance their positions,” Budner says. “While using social media may provide a beneficial social outlet, clients need to be fully aware that what they post, tweet, or comment may very well crop up in their case.”
Surveillance and tracking apps can violate the law.
Parties to a divorce are often tempted to employ surveillance or tracking apps to gather evidence, particularly in cases that involve potential infidelity. But these urges must be tempered by legal considerations: Unauthorized tracking may violate state or federal privacy laws and could lead to serious legal repercussions. The last thing you need during a divorce is a criminal charge filed against you for violating your spouse’s rights to privacy. At the same time, clients should themselves remain vigilant as to whether they are subject to any kind of surveillance or other invasion of privacy.

Smart home devices can impact your case.
Changes to the technological landscape are not limited to social media. Electronic devices frequently record our conduct, and these recordings can impact how your case plays out. For example, in high-conflict custody cases, it’s not uncommon for parties to introduce front-doorbell camera recordings as evidence. “People often forget that these devices are always recording, causing them to let their guards down and say something that they may later come to regret,” Calabrese says. “It’s important to be aware of your surroundings and the fact that home-security systems or other devices may be creating evidence. It’s all about being aware of your surroundings and the ways your words and behavior are being documented and can later be used.”
Do you know what’s on your hard drive?
Once parties know a divorce is coming, or when they are in the middle of one, they may start rethinking their digital footprint. What was once a private record can become evidence; therefore, clients may be tempted to delete or destroy information in the hopes that will solve their problem. “Under no circumstances should parties to a divorce or any other family-law matter delete documents and information,” Budner says. “Doing so can have enormous consequences in your case.” After all, the deletion of documents and information can easily be proven by a computer forensics expert. If you’re aware of potentially damaging documents and information that could be used against you, inform your attorney. An open and honest dialogue will help them prepare strategies to address such client concerns.
Work with a divorce attorney who can provide comprehensive advice to fully protect your assets.
When you’re navigating the challenges of the divorce process and seeking your way forward to a new life, it can be challenging to consider all the factors that could impact you. Calabrese Budner works to anticipate and manage all variables that can impact their clients in divorce, including the use of technology and social media. “Our strategic approach helps us protect clients’ interests from start to finish,” Calabrese says. “We want you to emerge from the process poised for your best life ahead.”
To learn more about Calabrese Budner and their expertise, visit calabresebudner.com or call 214-939-3000.