Electronic Infidelity in Texas Marriage & Divorce

August 27, 2011

Though spouses have been cheating on each other since the institute of marriage was invented, today's world of electronic communication has provided an environment that makes infidelity that much easier.

With the advent of Facebook, text messaging and email, people have found it much simpler to be unfaithful. It is much easier to hide emails than it is to hide written letters arriving through the U.S. mail, for example. A text message provides instant but discreet communication that a phone call cannot.

As electronic infidelity has increased, however, so have the means to track it. Emails, texts, Facebook posts and even cell phone logs can become red hot proof of unfaithfulness, as the electronic paper trail records and stores all the information, often indefinitely, of an affair. A cell phone provider can even determine where a person is through GPS when they make certain phone calls.

These records and data can provide an excellent source of proof of cheating in a relationship. As long as the person having the adulterous affair does not have their right to privacy violated, this evidence is admissible in Texas courts. Records of Facebook posts, text messages and emails can all be used in Texas divorce proceedings, child custody battles and hearings for modification to spousal or child support.

Many people don't realize that in this day and age, virtually every electronic interaction is recorded and stored. There is a mistaken sense of anonymity that one can wrongly feel when they are engaging in electronic infidelity. Even if, for example, emails are deleted, they never are actually completely erased, as they can exist on the email servers that are being used. This also holds true for text messages and Facebook and other social media accounts, as well.

So although in today's world it is easier to conduct a secret affair, it's a double-edged sword: it may facilitate surreptitious infidelity, but the electronic paper-trail is long and rather permanent should the hunt for proof commence.

One only has to be reminded of the recent, ubiquitously documented case of Congressman Anthony Weiner, who was brought down publicly by the trail of indiscreet Facebook and Twitter messages that chronicled his exploits and caught him red-handed in improper behavior.

If you are involved in a divorce proceeding or child custody dispute involving electronic evidence it is best to contact an experienced Houston family law attorney. A reputable Texas divorce lawyer knows how to uncover any available incriminating evidence that will help your cause.

Article provided by Kerr, Hendershot & Cannon, PC
Visit us at www.k-hpc.com