From Smart Homes To Smart Divorces: Modern Technology in Family Law

May 15, 2023
Axis Geffen

Article written by Axis Geffen

Technology is an integral part of our lives, changing the way we work, communicate, and even conduct our personal affairs. It has also transformed the field of family law. As technology continues to advance, it presents both opportunities and challenges for families going through a divorce or separation. With the help of skilled family lawyers and digital experts, however, navigating the complexities of technology is becoming easier and more efficient. Let's explore the ways that technology is being used in family law and the benefits and challenges that come with it.

Technology & Family Law:

Technology is making its way into family law cases in various ways. Social media posts are being used as evidence while home security cameras are capturing events that could be relevant to a case. We also have Smart Devices, like our phones or "Alexa" being used to track us, listen to us, or capture activity. As a result, technology is playing an increasingly important role in family law. While technology can make family law cases more efficient, it can also complicate them. It is essential to understand the pros and cons of using technology in family law. It's also critical to understand that in some cases, the push to force a level of control over the features of our Smart Devices in the name of "Privacy" has reduced, damaged or completely removed our ability to capture and present flawless legal evidence on our own behalf.

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Pros & Cons:

Using technology in family law has its advantages and disadvantages. One of the most significant advantages of technology in family law is its potential to make cases more efficient. For example, family law apps can help clients keep track of their schedules, expenses, and communications with their attorneys. On the other hand, technology can also complicate family law cases. For example, social media posts can be used as evidence in court, but they can also be taken out of context or manipulated, leading to misunderstandings and complications.


Another potential disadvantage is its impact on privacy. For example, home security cameras can capture events that could be relevant to a case, but they can also invade the privacy of those involved. Moreover, sound or video may be edited or deep-faked to mislead courts causing more conflict in already difficult situations. This has lead to some manufacturers like Apple and Samsung disabling features like call-recording. This causes concern as these features once offered value to victims of threatening phone calls and violence. While before they could click a button and gather evidence of the occurrence, advancements in technology mean those recordings aren't always reliable.

Artificial Intelligence & Virtual Reality:

As technology advances, it will undoubtedly continue to impact families and family law. One trend to watch is the use of artificial intelligence (AI) in family law cases. While AI can analyze data and predict outcomes, which could be useful in custody cases, it can also be mistaken for human judgement and fail to factor in things it cannot comprehend. This includes emotion, mental trauma, and the human condition as it morphs and changes from circumstance to circumstance. The use of virtual reality (VR) in family law cases is also a consideration. VR can be used to simulate visitation schedules and help parents create a plan that works for everyone. Imagine your supervised visit no longer taking place in the same room as your child but virtually across the world.

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The use of technology in family law is not limited to clients and attorneys. Courts are also starting to use technology to make their processes more efficient. For example, some courts use online portals for filing documents and scheduling hearings. Many courts have adopted Zoom-styled meetings and trials. In some cases, this has been difficult for clients or lawyers that aren't technology savvy. In others, it has improved access to record-keeping.

Cautiously Approaching Tech in Family Law:

To navigate the use of technology in family law, it is essential to work with a legal team that understands the potential consequences of using technology. There are some steps you can take yourself as well. First, it's important to be cautious about what is posted online. Be sure to use technology in a way that respects privacy. Clients should also avoid posting anything that could be used against them in court. This includes negative comments about an ex-spouse or evidence of inappropriate behaviour.

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Remember that anything that goes online may end up in front of a judge. This is the case regardless of intention. Family lawyers and clients must stay up to date on the latest trends and best practices to navigate the use of technology effectively. In doing so, they can ensure that technology is used in a way that promotes communication and understanding and helps achieve the best possible outcome.