In the world of Facebook, Instagram, Twitter, texts, emails and other social media, electronic information is a reservoir of evidence that may trouble a litigant in a divorce action. Not only will this evidence serve to substantiate claims in a divorce action, the evidence may support a separate tort action. Utah law bar joinder of a tort and divorce action due to complications that do not promote judicial economy. However, Utah law does permit trial courts to consider torts in a divorce action. This paper explores the connection between divorce and tort actions and the extend a court should be free to address torts in a divorce actions, especially in light of technological advances. This paper also proposes tips for practitioners.
Read, David and Stevens, Michael, The Intersection of Divorce and Tort Law in Utah (2020). Utah Journal of Family Law, 2020.