Social media, computers, and cell phones have become very prominent in
Texas divorce cases. This is largely because they are a great source of evidence. It is not
uncommon for potential divorce consult to show up with large stacks papers
they have printed of conversations they have had with their spouse via:
- Text messages or
- Things posted on Facebook
This might tempt you to delete, destroy, or edit some electronic conversations
you have had. This would be a very bad idea and some cases may even be
harmful. In today’s blog post we discuss somethings you should be
aware of if you are contemplating a
divorce or currently going through a divorce.
Text messages are one of the most common forms of electronic evidence in
Texas divorce cases. It is quite common for spouses to send each other text messages when
they are upset with each other. Often the person sending the message has
not thought out what they are saying or thinking about how what they say
would look to a judge. Often the things said in these messages can be
embarrassing as well as damaging to the person’s case if it was
ever entered as evidence.
Therefor be very careful when texting your spouse. If you do not want a
judge or a jury to see what you have written, do not write it. Be careful
where you leave your phone especially if you have not locked it with a
password. It is probably a good idea to change your password if you have
one to something you have not used previously not only on your cell phone
but on all electronic devices you use.
Cell phone records can be a great source of information to establish a
relationship between your spouse and someone else. If you look at your
cell phone statement you can see who your spouse frequently calls or texts.
This person may be listed under someone else’s name in the phone
itself maybe of the opposite gender.
If you see a number that your spouse calls frequently on the phone statement,
then you can try and look the number up on the internet through a reverse
phone directory. Be careful using your phone if you plan to call these numbers:
- May alert the other person that you may on to them
- You may not want to have your phone linked to that place or person called
This may be avoidable by using a prepaid phone dedicated to this type of
GPS location services can also be a great source of information. This something
you will want to be very careful on using because it can be easy to cross
criminal lines. It is best to avoid anything that could be questionable.
- if your spouse has their own phone plan or has taken measure to keep you
from seeing their activity on a shared plan do not break into their device.
- Do not place recording devices or apps on their phone
You can in Texas record conversations that are actually a participant.
Something to be aware of is that your phone records your GPS location.
It would be a good idea to learn how to deactivate this tracking. You
can find this out by calling your provider or stopping by one of their stores.
Computers and Email
Emails are the second most frequently used source of electronic evidence
that I see in
divorce cases. Email is often more thought out than text messages it is still often
a goldmine of damaging information.
As with other types of electronic communications you need to be careful
on how you obtain it in order to avoid criminal prosecution. There can
Federal and State laws that you can easily cross. It is best to avoid
taking any actions that could be considered questionable. Do not:
- Intercept your spouse’s emails
- Hack their email account
You should be careful to protect your own email communications and be careful
what websites you visit. Erasing things on a computer does not necessarily
mean they are gone. It is possibly they may be recoverable by a computer tech.
There are all kinds of computer programs that can track everything you
have done or visited on a computer. You may not even be aware that it
is taking place or installed. It is best not to use any shared computers,
phones, or other electronic devices with your spouse.
One of the newer forms of electronic evidence is social media. This has
been a goldmine of prejudicial evidence. Facebook has been a great source
of finding damaging photos of:
- Drug Use
- Gang affiliation
- Child abuse
- Girlfriends or boyfriends etc.
Facebook is also helpful of finding out locations and dates for these activities.
A helpful suggestion regarding the use of Facebook during a
Texas Divorce would be:
- Do not make harmful statements
- Take or post any questionable photos
- Do not make your social media accounts open to the public
- Adjust your privacy settings and remove “friends” you do not
want to see your postings
- Even better avoid using social media all together while the divorce is ongoing
Just because your separated does not mean it is not adultery. That said
it might be good to check dating sites to see if your spouse has any accounts
set up. This has been one way several of my clients have found out whether
or not their spouse was on such sites.
If you want to know more about what you can do,
CLICK the button below to get your
“16 Steps to Help You Plan & Prepare for Your Texas Divorce”
Other Articles you may be interested in:
- Dos and Don'ts Regarding Electronic Communications in a Texas Divorce
- Can I Sue My Ex for Hacking My Computer in My Texas Divorce?
- Cell Phones, Mail, Computers, Spying on your Spouse, and Privacy Rights
in a Spring, Texas Divorce
- Do I Need to Change My Passwords for a Divorce in Texas?
- Legalities of spying on a child’s cell phone in Texas
- How Social Media Can Hurt You in Divorce
- Why do divorces cost so much in Texas?
- How Can I Get My Spouse to Pay My Attorney's Fees in a Texas Divorce?
- How Much Will My Texas Divorce Cost?
- Can I sue my spouse's mistress in Texas?
Law Office of Bryan Fagan | Spring Divorce Lawyers
The Law Office of Bryan Fagan routinely handles matters that affect children
and families. If you have questions regarding
divorce, it's important to speak with one of our
Spring, TX Divorce Lawyers right away to protect your rights.
divorce lawyers in Spring TX are skilled at listening to your goals during this trying process and
developing a strategy to meet those goals.
Contact Law Office of Bryan Fagan by calling (281) 810-9760 or submit your contact information in our online
form. The Law Office of Bryan Fagan handles
Divorce cases in Spring, Texas,
The Woodlands, the FM 1960 area, or surrounding areas, including
Fort Bend County and