Family Lawyer Eagle County CO
Facebook, Instagram, Twitter, and other forms of social media make it easier for us to share our lives with the world. But while a status update, recent photo, or Tweet keeps us connected with family and friends in Colorado and across the country, it can also be used as evidence against us in divorce proceedings. A family lawyer Eagle County CO clients trust provides a brief overview about social media and electronic communications when you are involved in family law legal proceedings.
A New Legal World
Social media isn’t the only concern. According to a major survey of the American Association of Matrimonial Lawyers, electronic communications are increasingly used as evidence in divorce cases. In a three-year period, 97 percent of members reported an increase in evidence taken from smartphones. The most common types of evidence gathered were:
- Text messages
- Call histories
- Internet data
- GPS information
Don’t use social media or electronic communications to badmouth your spouse, or brag about your infidelities, or do anything that paints you as a bad spouse or parent. Remember that divorce isn’t always the only thing at stake. A family lawyer Colorado parents recommend knows that electronic communications can also be a factor in a custody battle.
The moral of the story is this: Be careful what you put into writing because it can and will be used against you in the courtroom.
Spying on Your Spouse’s Email
It’s hard to ignore a text message or email notification that pops up on a spouse’s phone when they’re standing right next to you. In that case, they might not have a strong expectation of privacy. But one man didn’t know that his wife was reading his email, and he was surprised when his own email messages were used against him to prove “serial infidelity” in a divorce proceeding.
The husband filed a federal lawsuit against his ex-wife under the Wiretapping and Electronic Surveillance Act. The couple was married from 1970 to 2011, and during the divorce proceeding, the wife used email correspondence between the husband and other women to show that he had been unfaithful to her. But the husband claimed that he didn’t know she had access to his email and that she must have arranged to have his messages automatically forwarded to her account.
The federal district court dismissed the lawsuit, but the federal appellate court reversed that decision. The appeals court said that the wife’s actions “technically fall within the language of the act, though Congress probably didn’t anticipate its use as a tactical weapon in a divorce proceeding.”
Our experienced attorneys will help ensure something like this doesn’t happen to you. We will build your case using evidence that legally can be introduced at trial.
Let Us Help You with Your Case
If you are going through a divorce or other family law issue, contact Zweig Law, PC Attorneys at Law to find out how we can help. Call our office to schedule a free consultation with an Eagle County CO family lawyer. Our legal team will help you navigate through the divorce process, including advising you about what not to post on social media or include in electronic communications.