When going through a divorce in Texas, it is important to remember that texts, voicemails and Facebook postings may be used against you. A recent survey of divorce lawyers found that evidence in their cases taken from cellphones has dramatically increased in the last few years. The president of the American Academy of Matrimonial Lawyers stated that any type of text or online posting represents a written record and can sometimes be incriminating in divorce litigation, considering that texting is often a spur-of-the-moment act and reflects basic human feelings.
Suspicions can be aroused when computer screens are hidden when the other spouse walks into a room or when cellphones are never left unattended. In this technological age, keeping tabs on someone becomes much easier, and using that evidence against him or her in court is increasingly common.
Facebook is also a potential breeding ground for gathering evidence in divorce cases. Popular social networking sites make it easier for old flames to get back in touch with each other, which can become a springboard for infidelity. If a spouse fails to clear out their chat history or is exchanging incriminating emails with another person, it might be used in a Texas divorce court.
Text messages are the most common form of evidence used in divorce courts. Emails, phone numbers, call histories, and GPS and Internet searches are also used with some success. Anything sent via electronic means never really disappears and might be available to present as evidence in court cases. Indeed, private texts or messages may not actually be private anymore if they contain incriminating information. The best approach is to become fully informed of one’s rights and responsibilities when it comes to divorce litigation in Texas. For some, this may mean thinking twice before sending texts about an ex.
Source: MSNBC, “Divorce lawyers see more phone evidence, especially texts,” Athima Chansanchai, Feb. 10, 2012
