Privacy could be a myth during a Texas divorce

One of the most common reasons for a divorce in Texas is infidelity. What was once a happy marriage could quickly turn bitter if a spouse is found to be involved in an affair. Whether a spouse catches someone in the act or finds evidence in other ways, it could come back to haunt the wandering spouse in divorce court.

Anyone who owns an iPhone is aware of the feature that allows a text to flash on the main screen of the phone, potentially allowing anyone to see what is written. This happens regardless of whether a password is applied to the phone. If a spouse is cheating and forgets to bring the phone along while they run out for a second, it is certainly possible an incriminating text message could pop up and be read by the spouse.

Once the text is seen, it could very well be used as fodder in a divorce case. With evidence of an affair, the spouse who was victimized may seek to determine whether any marital money was used by the other party in connection with the affair. If this occurs, and the amount happens to be substantial, half of the money could be awarded to the spouse as a term of the divorce settlement.

Although many Texas residents would consider text messages to be private, they could be offered as evidence in a divorce proceeding if discovered by the other spouse. This could lead to a larger settlement in those circumstances where marital assets were spent on an affair. Any type of written or electronic could and likely will be used against someone, especially if it could shift the tide in the direction of the other spouse ,when it comes to distribution of marital property.

Source: The Palm Beach Post, “Why sexting is bad for your finances in divorce court,” Robin Roshkind, Jan. 30, 2013

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