Unfortunately, I have had the uncomfortable experience of dealing with indecent photos and sex tapes in a few cases. Although divorcing clients will sometimes consider these photos or videos negotiating chips, these tactics can often backfire. In a recent NY Times article, a couple's argument over alleged threats to expose their sex tapes have made their divorce a public spectacle.
In a divorce case, my advice has always been simple and common sense on this issue. Photos of individuals should be returned to those individuals. Videos or photos of multiple parties should be destroyed by mutual agreement on method. Any other outcomes will leave one party exposed and potentially hurt or angry. These types of emotions lead to difficult, unsettleable, and therefore expensive and lengthy cases. In the long run, the only people who profit from difficult cases are the lawyers. So if you want to simplify your divorce case, then deal with a potentially distasteful past in a tasteful and respectful way.