Dos and Don’ts Regarding Electronic Communications in a Texas Divorce

In previous articles, we’ve discussed the importance of being cautious with social media, and we’ll include links to those resources below. In this article, we’ll build on that conversation by offering specific dos and don’ts for using electronic communications during your divorce in Texas. These guidelines will help you navigate the digital landscape with care, ensuring your actions don’t unintentionally impact your case.

It never ceases to amaze me what people post or email each other during a divorce in Texas. I have had clients bring in pictures that they obtained from Facebook of the opposing party:

1. using drugs
2. with stacks of cash

These were in cases where either custody was at issue or the opposing party was claiming not to have any money so they should not have to pay child support or that child support should be minimal. My office was of course happy to introduce these pictures in court as evidence against the opposing party.

The Don’ts: Essential Pitfalls to Avoid in Your Texas Divorce

Divorce, while challenging, also comes with critical pitfalls that can significantly impact the outcome. This section delves into the “Don’ts” – common mistakes and missteps you should avoid during your Texas divorce. Understanding these potential pitfalls is crucial for protecting your interests and ensuring a more favorable resolution.

Think twice about using Social Network Sites

This includes sites such as Facebook or MySpace. As discussed above they can be a treasure trove of information for the opposing side. Even if you do not post anything, you cannot stop someone else from posting comments or pictures. Maybe your smart enough to post incriminating photos of yourself on Facebook but are your friends?

Do Not Tweet

Tweeting can give the opposition a perfect timeline of your whereabouts and actions. I have had clients bring in tweets showing that other parent tweeted about being at a party when the child was supposed to be in his or her care. It was very nice of the opposing party to provide us with this incriminating information.

Don’t Spy on Your Spouse’s Computer

We have discussed this before and will post those articles below.

It is now a crime to access someone’s computer without their consent. Texas Penal Code Section 33.02. You need to be aware of the possible criminal penalties. Texas Penal Code Section 33.02 states:

1. A person commits an offense if the person knowingly accesses a computer, computer network, or computer system without effective consent of the owner.
2. A person commits an offense if the person intentionally or knowingly gives a password, identifying code, personal identification number, debit card number, bank account number, or other confidential information about a computer security system to another person without the effective consent of the person employing the computer security system to restrict access to a computer, computer network, computer system or data.
3. An offense under this section is a Class A misdemeanor unless the actor’s intent is to obtain a benefit or defraud or harm another, in which event the offense is:
   • a state jail felony if the value of the benefit or the amount of the loss or harm is less than $20,000; or
   • a felony of the third degree if the value of the benefit or the amount of the loss or harm is $20,000 or more.
4. A person who is subject to prosecution under this section and any other section of this code may be prosecuted under either or both sections.

Don’t Harass Anyone Online

Online harassment, as highlighted by the notorious “Gamergate” incident, has become an increasingly prevalent issue. This event, involving severe harassment of women in the video game industry through social sites like Twitter, including posting personal information and addresses, underscores the seriousness of this problem.

In response, Texas law has evolved to protect individuals from such digital harassment. As of September 1, 2009, Texas Penal Code 33.07 criminalizes the use of another person’s identity on social networking sites to harm, defraud, intimidate, or threaten without consent. This law covers the creation of web pages and the posting of messages under another’s identity with malicious intent.

Key Provisions of Texas Penal Code 33.07:

It’s a third-degree felony to use someone’s identity without consent to harm, intimidate, or defraud.
Sending emails, texts, or similar communications using another’s identity to mislead recipients into believing it was authorized by the victim, with the intent to harm or defraud, is a criminal offense. This can range from a Class A misdemeanor to a third-degree felony, depending on the intent to elicit an emergency response.

Exceptions to this law include employees of commercial social networking sites, Internet service providers, interactive computer services, telecommunications, and video or cable service providers, provided the conduct falls within their employment scope.

Definitions:

A “commercial social networking site” is defined as a website allowing registered users to establish personal relationships, communicate in real-time, or create public profiles.
“Identifying information” is as defined in Texas Penal Code Section 32.51.
This law affirms Texas’s commitment to combating online harassment while outlining the legal boundaries and exceptions, ensuring both protection for victims and clarity for users of digital platforms.

Do Not Use “Rewards” Cards

Many businesses such as grocery stores have “rewards cards,” which in exchange for when a cardholder checks out and uses the card gets a discount or coupons.

However, using these cards also creates a record of everything that was purchased. For example, if someone shops at a grocery store and writes a check you will not be able to tell what was purchased.

However, if a record is obtained using the rewards card information you might find out that six cases of beer were purchased instead of groceries.

Dos: Navigate Your Texas Divorce with Confidence

Navigating a divorce in Texas can be a complex and emotional journey. In this section, we’ll explore the key “Dos” – proactive steps and positive strategies that can help you manage the process with confidence and poise. From communication tips to legal considerations, these guidelines are designed to empower you and pave the way for a smoother divorce experience.

Change Passwords

You should consider immediately and on a regular basis changing all of your passwords. This includes:

1. email passwords
2. Financial accounts such as bank account passwords
3. social network passwords

Your new password should not be:

1. Any password you have previously used or
2. A password that is available to your spouse or that your spouse could guess such as the child’s birth date or an anniversary date.

Change Email Addresses

You might want to consider setting up an entirely new email account just for correspondence between our office and you.

Even changing passwords is not always enough to protect you from someone hacking into your email.

There are websites out there that offer to help break into email accounts. By using a new email address and changing your password regularly it will make it that much more difficult for your ex to gain access to your email.

Change PIN Numbers

You should change immediately personal identification numbers for:

1. debit cards
2. credit cards and
3. bank cards

As discussed above your new PIN should be one not easily guessed.

Be Aware of Keyloggers and Spyware

It is not uncommon for spouses to use programs known as keyloggers or spyware. This is often true when your spouse can gain access to your computer at home. It may be a good idea to take your computer to a specialist who can check to see if any of these programs or on your computer.

Consider Every Conversation as Recorded

Going forward you should assume that every conversation you have with your spouse is being recorded. This can take the form of:

1. Audio Recording or
2. Video Recording

There are all kinds of devices out there that make video or audio recordings easy. This can be as easy as hitting the record feature on your smart phone or downloading an app to record a cell phone conversation.

Whenever you write a text message or email write it with the knowledge that a judge will be reading it later.

Your Cell Phones May be Used Against You

There are programs that exists that can allow someone to listen to every conversation and see every text message on your phone without your knowledge. This is illegal but those programs still exist. Be careful what you say or text on your phone.

Deleted Information Can still be Recovered

Even though you delete:

1. Your text messages
2. digital documents
3. incoming and outgoing calls or
4. voice messages

it may still be possible to recover this information. Be careful how you use your phone and computer.

Be Aware of your Surroundings

Although technology is available that makes spying easier sometimes spouses use older methods of spying including private investigators.

A private investigator will be able to track your comings and goings. Be aware when you are travelling anyone could be following you. If you are not doing something wrong, then there is nothing to be concerned about.

Be Aware of Web Browsing Histories

The web browser you use to visit websites keeps track of every website you visit on the internet. If you do not want the judge to know:

1. what websites you visit on the internet
2. or write or say on the internet

Be careful where you go, and what you write, or say on the internet.

Final Thoughts

In conclusion, effectively managing electronic communications during a Texas divorce requires a careful balance of being proactive, respectful, and legally informed. The “Dos” offers a clear roadmap for constructive communication, ensuring your digital interactions align with your goals throughout the divorce process. On the other hand, the “Don’ts” highlight common pitfalls to avoid, safeguarding you from potential legal and personal complications that can arise from mishandling electronic communications. By following these guidelines, you can navigate the digital landscape with confidence and clarity.

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Other Articles you may be interested in:

1. What to Do When Your Spouse Is Spying on You
2. Spying on your spouse – What to know in a Texas Divorce
3. Spousal Cyber Spying: Are You At Risk?
4. Legalities of spying on a child’s cell phone in Texas
5. How Social Media Can Hurt You in Divorce
6. Why do divorces cost so much in Texas?
7. How Can I Get My Spouse to Pay My Attorney’s Fees in a Texas Divorce?
8. How Much Will My Texas Divorce Cost?
9. Can I sue my spouse’s mistress in Texas?
10. Roadmap of Basic Divorce Procedure in Texas
11. What is a DWOP or Dismissal for Want of Prosecution in My Divorce or Family Law Case in Texas?
12. Confidentiality Laws in a Texas Divorce
13. The Dirty Trick of Spousal Spying in a Texas Divorce