Issue link: http://papercitymagazine.uberflip.com/i/1522887
PAPERCITY PROMOTION 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." Calabrese Budner calabresebudner.com Carla Calabrese Lee Budner 61