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Thursday, May 31, 2012

Using Social Media In Texas Divorce



Adultery is one thing that is common in Texas divorces, giving the court a reason to find fault in the break up of the marriage. Because Texas is a no fault state, which means you could actually get a divorce without giving a reason, this is only necessary if there is something to be gained from the divorce of the marriage (a larger division of property, custody, or a higher amount of alimony). But with this option comes the fact that adultery has to be proven, otherwise the divorce may not be granted by the judge. The most common proof is pictures, letters, video recordings, and witnesses. But what about social network sites and email?

According to The American Academy of Matrimonial Lawyers, 81 percent of its members have used or faced evidence plucked from Facebook, MySpace, Twitter, and other social networking sites, including YouTube and LinkedIn over the last few years. Since there are laws against unlawfully hacking into a personal account that isn't yours or intercepting email, normally evidence is gathered from public pages or profiles, or just plain old carelessness on the adulterers part. Although social networking sites do not necessarily encourage adultery, it provides the opportunity for adultery to be commited with familiar people or even complete strangers. It also leaves an electronic trail of evidence for a person who knows where to look.

Most people use social networking so much, they rarely use discretion when posting status messages and pictures or making comments. What is also incriminating when investigating these types of accusations is the "tag" feature on these sites where the person accused of adultery is linked to a picture from someone else's account. Furthermore, locations have been known to show up when postings are submitted via mobile phone and even laptops and home computers. Because of the terms and conditions that people fail to read when signing up for these sites, public viewing and data collection is fair game!

If you are planning on divorcing your spouse, be very cautious when using social networking sites. Anything that seems reckless as far as behavior can be used against you during custody and other hearings in the divorce procedure. Take extra security measures and set your profile to privately viewable only by friends and family, be sure to check if your location is being published along with content, and watch your language use and associations, especially if you are the one being accused in this matter. Accusers beware as well. Remember, even when you provide proof in court, anything incriminating and unorthodox that is found on your profiles or in your emails can cause more confusion and chaos, costing you more money and time.

For answers to your questions on gathering information for your Texas Divorce, contact The Law Office Of T. Christopher Lewis at (817) 795-3900 or click here to submit a free case evaluation.

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