Moolala: Divorce in the Digital Age - Featuring Laura Paris, Shulman & Partners

In a Moolala Podcast appearance, Laura Paris, Associate Lawyer at Shulman & Partners LLP, discussed the growing use of digital evidence in Ontario divorce and family law cases. With the rise of smartphones, social media, and messaging apps, text messages, emails, and even Instagram posts are now playing an increasingly important role in disputes related to custody, parenting, and financial disclosure. Laura explained how digital communications can influence court outcomes, why they must be handled with caution, and what clients should know before sending, posting, or saving information online. Her insights highlight how technology has transformed the evidence landscape in family law — often turning private digital exchanges into key legal documents.

“These days, digital evidence is almost being utilized as a corroboration of what we used to refer to as he said, she said.”
— Laura Paris, Associate Lawyer, Shulman & Partners LLP

During her conversation with Moolala, Laura outlined how technology has reshaped the divorce process in Ontario by providing new forms of evidence that were once unavailable. In the past, many family law disputes relied heavily on conflicting personal accounts. Today, digital communications, from text messages and emails to social media posts, can corroborate or challenge those claims with tangible records.

Laura explained that digital evidence most commonly appears in parenting disputes. Courts often review messages between separated parents to determine whether they communicate effectively and make decisions in their children’s best interests. For example, messages that devolve into hostility or show an inability to stay child-focused can influence a judge’s decision about which parent should have decision-making authority.

Technology can also expose financial inconsistencies. Laura noted that social media activity, such as vacation photos or posts that suggest a lavish lifestyle, may contradict claims of financial hardship. These posts can be used to demonstrate hidden income, undisclosed assets, or inconsistencies between reported earnings and observed behaviour. Similarly, photos or messages suggesting activities inconsistent with claimed disabilities can undermine credibility in spousal support cases.

When asked about how far back digital evidence can reach, Laura clarified that while older messages are rarely relevant, communications showing ongoing behavior patterns — particularly post-separation — can carry significant weight.

She also emphasized practical advice for clients navigating separation or divorce in the digital age. Parents in high-conflict cases, she said, should consider using third-party communication tools such as Our Family Wizard, which allow for transparent, monitored exchanges accessible to lawyers and judges. Above all, she advised clients to stay professional and on-topic in written communication, treating messages as if they were work emails rather than personal disputes.

Finally, Laura cautioned that while written communication can help document interactions, social media use during divorce should be minimized. Even benign posts can escalate tension or be misinterpreted in court. As she put it, staying off social media entirely is often the safest choice.