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Technology as a sword and shield in your Texas divorce

The great thing about technology is that you can use it both as an offensive weapon and a defensive mechanism in your divorce. In fact, if you are not doing so it probably cause you some harm in your case. I’m not telling you that you need to turn into a computer-whiz or anything close to that. However, you ought to know the basics of how technology can impact your divorce.

With that said, the attorneys with the Law Office of Bryan Fagan, PLLC would like to continue our week-long discussion of technology and its usage in your divorce. Our attorneys are technologically savvy and keep up to date on the changes and updates in technology and their potential impact on you and your family. If you have questions or would just like to seek clarification on a particular issue discussed today please contact our office. It would be our pleasure to sit down with you for a free of charge consultation to address and answer your questions or concerns.

Do not inadvertently destroy evidence stored on electronic devices

Did you know that by going through old emails and deleting them you are doing more than just keeping your inbox tidy? You may be destroying potential evidence in your divorce. Social media postings and emails are probably the most commonly deleted information that I encounter that could either be utilized as evidence by you or your spouse. Discuss with your attorney what is allowed and what is not. If you are going through email in the regular course of your business then you are probably ok to delete. However, you do not want to inadvertently delete something that results in your paying penalties to your spouse. Judges take this issue seriously and as a result you should as well.

Starting from scratch is a good thing

As your divorce winds down and you head toward single life you ought to change and update passwords to the various websites you visit online. If you have a phone on the same plan as your soon to be ex-spouse it is time to get a new plan and phone. The reason being is that you do not want to allow your spouse an opportunity to check your voicemails or keep track of your whereabouts using the locating devices in cellphones.

Laptops and personal computers need to be recycled at the end of a divorce and new ones purchased in their place. We discussed in yesterday’s blog post the perils of utilizing spyware during your divorce to keep tabs on what your spouse is doing online. That same spyware can remain on an electronic devices after the divorce and allow your spouse a window into your life long after the conclusion of your divorce.

Make sure your communications are private

If you have an email account that you use for most of your online correspondence it is wise to consider starting a new account for the purposes of communicating about your case. Something that I work with clients on is making sure the client and I have a time each week that we will either call each other to speak about their case or we can arrange a time to exchange emails. If a client prefers email contact I will always make time to provide him or her with a list of what is going on in their case. Any immediate concerns that need to be addressed can be done over the phone. However, if it merely an update that the client wants I am happy to do so via email.

The last thing you want is for your spouse to be able to log in to your email account to see what emails you have been sending and receiving. Eliminate this risk by opening a new email account to use for important purposes like communicating with your attorney and your legal team.

Be careful how often you log in to social media sites

I think most folks reading this blog have a bit of an addiction to social media websites. We log on and the next thing we know an hour has passed by without our even knowing it. How does this happen? Social media sites are great at sucking us in and holding onto our attention with all of their might. These websites spend a lot of money each year figuring out how to make their product as enticing and addictive as possible so that you stay online and spend money buying products that you see advertised. Looking at the latest, funny cat meme or seeing your nephew’s new dog are nice side items that can take up some time.

The real problem with social media is that your correspondence on these websites can be just as damaging and just as public as a conversation that you have with a friend at a restaurant or other public place. I advise clients to forget about their online habits for the entirety of their divorce. If the person protests I will simply ask him or her: what do you have to gain from going online? By posting something online you risk it being taken out of context, or actually taken in context, and can hurt your case. After having seen spouses attempt to hide expensive purchases only to have them discovered online I have arrived at the conclusion that there are very few reasons to keep up with your social media usage while going through a divorce.

Before you think that you can simply go into the social media site’s privacy settings and block your spouse from seeing what you are doing, you need to re-think that strategy. Your spouse’s friends and family are still able to keep tabs on you. Don’t bother trying to go through each person you are friends with and blocking those that are loyal to your spouse. You are now undertaking quite the time wasting endeavor. This is time that could be better spent elsewhere.

Finally, we can tie together two subjects that we have discussed today by informing you that deleting a social media profile during your divorce is the same thing as destroying potential evidence that is relevant to your and/or your spouse’s cases. Rather than do this and run the risk of being held accountable by the judge, you should consider simply deactivating your account for the time being. Once your divorce is complete you can pick back up where you left off as far as social media usage is concerned.

A final word on technology and your divorce

Despite the advice that you have read over the past few days I am not a Luddite by any stretch. I use technology just as frequently as the next person and see the value in doing so. However, I have also seen good people run into difficult situations because of their inability to ease off from using technology and social media during their divorce. Ultimately you should listen to your attorney and your own judgment but take it from me as well- more harm than good will come from your social media and technology usage during your divorce.

Questions about the relationship between technology, social media and your divorce? Contact the Law Office of Bryan Fagan, PLLC

Are you interested in learning more about the interplay between technology, social media and divorce in Texas? If you are then the attorneys with the Law Office of Bryan Fagan, PLLC would be happy to answer your questions and to continue to discuss this subject with you in a free of charge consultation. We can help you to craft a strategy that you can execute to accomplish whatever goals you have for yourself in your own divorce. We take pride in representing people in our community just like you.


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