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Digital communications are not safe during divorce

If you and your spouse are heading toward divorce, it is not unusual to feel alone and lost. Even if the divorce is your idea or a mutual decision, you are likely experiencing a range of emotions that are difficult to process. You may turn to your friends and family for support and comfort.

However, it is important to know that those messages, texts and emails that you consider to be private may actually become evidence in your divorce. As much as you may feel justified in venting your frustration or bashing your spouse to your friends, certain details in those communications may damage the outcome of your case.

Isn't it private?

Many family law attorneys have access to technological resources that allow them to download the history of your social media activity. This includes all the pictures, messages and updates you have ever posted or deleted. If your spouse's attorney takes advantage of so doing, , the information he or she uncovers will have timestamps, IP addresses and even your location at the time of the post. While this may not seem important, such information may have serious ramifications regarding your child custody, spousal support or other financial claims.

For example, posts or messages that reference shopping sprees, heavy drinking, or illegal activity, even in jest, can negatively affect your bid for custody or spousal support. Even venting about the normal frustrations of being a parent or idle threats against your ex may end up as evidence against you in court. Privacy laws typically do not protect social media and direct messaging, so it is a good idea to use restraint during this time.

What can I do about it?

Your attorney can offer advice about how to wisely use your social media and digital communications. For example, you should NOT delete anything that may seem negative, as this may eventually count against you as “destroying evidence”. In fact, you may find it best to stay away from social media altogether until everything is settled. The same may be advisable for your digital communications.

The last thing you may want to do is deal with a divorce alone when there is so much at stake. One of the wisest decisions someone can make while moving toward divorce is to follow the advice of a skilled Family law attorney. Many find such reliable advocacy by contacting an experienced, Board-Certified Family Law expert attorney in Collin County, Dallas County, Denton County, Midland County, Ector County and surrounding areas of Texas.

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Plano, TX 75024

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