The Intersection of Divorce and Tort Law in Utah

Abstract

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.

Keywords: Tort Law, Divorce, Defamation, Privacy