Another example of Big Brother’s incessant invasion of privacy via iPhones and Android, they protested.

Yet, what about couples in divorce? For divorce lawyers and family law attorneys, the implications are less dramatic.

The truth is, the ability to track your spouse (even with the apparent simplicity provided with an app to do that) is generally meaningless in the divorce court. We advise our clients to be more concerned about what they write in texts, on Facebook and other social media than where they travel with their iPhones.

Sure, it’s compelling drama for one spouse in a divorce case to imagine getting a subpoena for the other spouse’s iPhone location records to see if the spouse was where he/she said he/she claimed to be at such-and-so time.

It’s interesting. Scary, even.

But it’s not likely to make much of a difference. Like some other technologies, it’s impractical – and generally unusable – in a divorce action. Judges generally don’t care to get involved with spousal whereabouts, unless one side claims the other is dissipating (spending) joint assets on an affair.

In sum, this is much more difficult than helpful in a marital law situation.

Our advice: Don’t worry about where your iPhone may travel; beware, though, texting or posting to Facebook about those travels.

According to The Associated Press, the veteran prosecutor, Calumet County District Attorney Ken Kratz, had sent some 30 text messages trying to start an affair with a domestic abuse victim. At the time, Kratz was prosecuting the victim’s ex-boyfriend for alleged strangulation. Kratz said he will resign in October.

But the message lingers: Texting can be a smoking gun that can ruin a reputation, a career – and possibly a marriage. Kratz reportedly had texted the woman, asking if she was “the kind of girl that likes secret contact with an older married elected DA.”

The sting of a text can linger among those who may feel aggrieved. And their place as evidence can remain long after they’ve been sent. Even if the recipient deletes the text, in contentious divorce cases, attorneys can request text records from the wireless phone provider – often dating as far back as a month. They can be retained even longer if a special request for their retention has been made.

This is exactly why people should be wary of texing inappropriate, private or damaging information to others. From details of an affair to confidential, personal or corporate information, texting’s impact can be profound. They certainly can damage a divorce negotiation. In this case, we don’t know the impact on Kratz’s marriage.

Yet for a high-profile public figure, the court of public opinion may be the most important jurisdiction of all. In some cases where the alleged texter was the victim of a false accusation, the news media may run with the story and the texts can ruin a reputation even before facts are verified.

The tale here, though, remains: Never text any information that can be transformed into a smoking gun. Regardless of whether it’s interpreted correctly, the damage can be irreparable.

The key message: Use caution when writing status updates and other social media content. What you say online can come back to haunt you in court. (Finkel appears at 1:53 in the video)

Watch as she highlights some of the trends — and warnings — related to social media like Facebook, texting and other applications.

For many, Facebook is a compelling and engaging social media network. For those facing divorce, Facebook, Twitter, even YouTube and Flickr are inviting places to share details about your experiences: your separation, social life, maybe new-found freedom and even “hot dates.”

All a family law attorney can advise is: Be careful what you post.

A recent article on Facebook, social media and divorce called Facebook and divorce a “flammable situation.” For good reason. The piece likened Facebook to marriage’s other bookend to eHarmony. “The world’s most popular social media site is revolutionizing the divorce experience, pouring toxin into virtually every stage of a collapsing marriage.”

People are finding old flames, pursuing new relationships, and posting juicy details and pictures about their dalliances and flirtations — and unwittingly giving their spouse’s divorce lawyer fuel to destroy their case and reputation in the case. Even a case for timesharing can be damaged: One parent posted his parental frustrations — details opposing counsel used against him.

Some 81 percent of the nation’s top divorce attorneys say they have seen more cases using social networking evidence during the past five years, according to a recent survey of the American Academy of Matrimonial Lawyers (AAML). “Facebook holds the distinction of being the unrivaled leader for online divorce evidence, with 66% citing it as the primary source,” the AAML wrote [ http://www.prnewswire.com/news-releases/big-surge-in-social-networking-evidence-says-survey-of-nations-top-divorce-lawyers-84025732.html ]. Following Facebook among survey respondents are MySpace (15%), Twitter (5%), and other social media services (14%).

With scrutiny — and the desire for evidence — heightened, examination grows more intense. Here’s how to enjoy social media without sabotaging your divorce case:

- Consider each post as your spouse, opposing counsel, mediator or judge might view it. Even status updates or comments you consider tame might seem tawdry to others.

- Avoid posting inappropriate images from dates or outings. Pictures tell tales you may prefer not be told. Even if otherwise innocent, they can be misinterpreted by a spouse on the hunt for evidence to support their case.

- Avoid flirtatious or questionable behavior in public. The combination of camera phones and Facebook can make even friendly encounters appear damning in the court of social media.

- When in question, don’t post. There will be plenty of time to enjoy — and post about — your single lifestyle once your divorce is final.

- Watch status updates about — or by — your kids. Spouses often monitor kids’ experiences with their other parent via social media. Frustrations vented by you or your kids can be used against you (even if taken out of context). Without appearing like a snooping parent, vet their updates to ensure you’re not cast in an inappropriate light.

Unlike other states, where juries may determine divorce, Florida law has judges — not juries — setting the outcome of divorce cases that go to trial. Many experienced judges understand how Facebook is a part of modern life, and may give wide interpretation to otherwise incriminating “evidence” counsel may present. To that end, spouses can hurt their own case by trying too hard to hurt the other.

It’s been said that discretion is the better part of valor. Enjoy your social media experience. Just beware how status updates may affect your marital status or case’s outcome.

Or is a text a near-permanent trail that can be linked to indiscretions during a divorce?

Some in the process of divorce may text message their spouse, friends or even a lover with whom they’re having an affair. They may inadvertently reveal intentions, intimate details and even negotiation strategies. Once it’s been sent, they hit “Delete” and think the message is gone forever. Wrong.

This can become a near-permanent embarrassment during divorce negotiations. Watch as Barry I. Finkel is interviewed on the topic of texting and divorce.

Digital communications, like email, instant messaging and increasingly text messaging using a wireless phone, has opened new lines of communication between people.

Sometimes the wrong message sent to the wrong person can harm your case.

Some people in the process of divorce may text message their spouse, friends or even a lover with whom they’re having an affair. They may inadvertently reveal intentions, intimate details and even negotiation strategies. Once it’s been sent, they hit “Delete” and think the message is gone forever.

Imagine the surprise when a “deleted” message shows up as evidence in court. The harm and embarrassment can be irreparable.

How can this happen? Hitting “Delete” isn’t enough to erase a conversation. The phone company often retains texts for up to 30 days. In a divorce scenario, those records can be requested or subpoenaed into evidence.

Though case law is evolving in the area of digital communications, this much is accepted: An authentic text message carries much the same evidentiary weight before a judge or mediator as a letter or email. Produced in court, it can burden or benefit one side’s case.

If you’re in or facing divorce proceedings, consider these tips before texting:

- If you intend to text message any settlement details to your spouse, clear the message with your divorce attorney first.

- If you believe your spouse has been texting a lover, suggest your attorney request all text messages from opposing counsel or request a subpoena from a judge if texts have been deleted from the wireless phone. Sooner, the better, as the phone company often purges texts from its system after 30 days.

- Use texts to show your good intentions. Texts can leave a “paper trail” of how one party was trying to encourage settlement or present reasonable terms that would reduce fees by keeping the divorce out of the courtroom.

In the digital age, remember there now are three sides to every divorce story: His, hers, and what’s being stored by the phone company.