Divorce Law Trends to Watch in 2026: Digital Assets, Remote Court Hearings & Custody Tech

Divorce law is evolving as fast as society itself. In 2026, family law professionals are confronting new legal challenges that barely existed a decade ago — or have grown dramatically in scope because of technology and modern lifestyles. Whether you’re a divorcing spouse, a co-parent, or planning ahead, understanding legal trends can help you make better decisions and work more effectively with your attorney or mediator.

Digital Assets Have Become Mainstream in Divorce Cases

Traditional property division used to focus on homes, cars, and bank accounts. Today, digital assets — like cryptocurrency, online businesses, NFTs, loyalty points, and social media profiles — are becoming regular parts of marital estates. Courts and attorneys are now learning how to identify, trace, value, and divide these sometimes complex assets. This requires specialized expertise in digital finance and forensics, and missing them can leave value undiscovered or unclaimed.

What this means for you:Ask your attorney/mediator whether all digital holdings have been identified — including crypto wallets, online business accounts, and any digital income streams — and whether a valuation expert is needed.

Remote Court Hearings & Technological Court Advances

Remote hearings — once an emergency response to a pandemic — have become standard practice in many jurisdictions. Courts increasingly offer virtual appearances for procedural hearings, motions, and even some testimonies. This shift can save clients time and money, especially when travel or scheduling is difficult. However, it also raises legal questions about fairness, procedural security, and access to justice.

What clients should ask:

• Will any of my hearings be conducted remotely?

• What platform will be used, and how secure is it?

• How should evidence be submitted in a digital format?

Tech-Driven Custody and “Digital Parenting” Trends

Child custody isn’t only about physical time anymore — it’s also about how children engage with technology. Remote work, screen time, social media habits, and digital supervision tools now play a role in custody evaluations. For example, a parent’s ability to balance remote work with caregiving duties, or their approach to managing a child’s online use, can influence custody plans and parenting schedules.

What to discuss with your attorney/mediator:

• Have digital lifestyles (screen time limits, remote work schedules) been factored into custody proposals?

• Should digital wellness provisions be included in your parenting plan?

Forensic Investigation & Asset Transparency

As divorce cases grow more complex, forensic discovery and transparency are increasingly important. Since financial behavior has also shifted toward digital payments and accounts, techniques for asset tracing have changed — and judges and attorneys are paying attention to those shifts. Creative hiding of assets through digital wallets or partially hidden accounts is now detectable thanks to modern tools and analytical methods.

Key question for clients:✔ Has your attorney engaged a forensic accountant or digital asset specialist to ensure complete disclosure?

What Clients Should Ask Their Attorney or Mediator in 2026

To make informed decisions and avoid surprises, here are some essential questions to bring to your next legal meeting:

• Assets: Have all digital and financial assets been identified and valued?

• Technology & Courts: Which parts of our case will be virtual, and what are the security protocols?

• Custody Tech: How will digital habits and remote work flexibility be considered?

• Evidence & Discovery: What technology is being used for discovery, document sharing, and evidence presentation?

• Experts: Are valuation experts, forensic accountants, or tech specialists recommended?

Divorce law in 2026 is no longer simply about dividing traditional property and litigating custody — it’s about understanding how technology shapes everything from assets to parenting time, court procedures to financial transparency. Staying informed empowers clients to ask smarter questions, collaborate effectively with their legal teams, and protect their rights in a digital-age divorce.