Can Social Media And Smart Phones Prove Infidelity? Yes, Section 6.003 Texas Family Code

If you’ve ever watched “Cheaters” then you have an idea of how your suspicious spouse will go to just about any length to prove you’re unfaithful.  

Prior to Cheaters, a private eye was usually hired to prove infidelity but, today it could be as easy as seeing something suspicious on FB or discovering an online romance through the exposure of a site like AshleyMadison.com because spying and cheating are hot topics in family law divorce cases.

Find my iPhone will simply show the location of the device but other apps like mspy have “geo-fencing” features.  It can also perform keystroke tracking.  If you think your spouse is deleting his or her records, Dr Fone is an app that allows you to recover an enormous range of deleted data.  Computer based programs like eBlaster and Spector Pro can record, analyze and summarize almost any computer activity imaginable, including screen shots and file transfer recording.

Of course for ever spy app there is another app to frustrate prying eyes.  People can hide affairs by using Snapchat or Gallery Lock which keep private photos in a secret file.  Vaulty Stock appears to be an app for keeping track of Wall Street, but in reality, is a secret storage unit for photos and videos.

My father is a widower and signed up on several single sites similar to Match.com or Eharmony but, some dating sites like AshleyMadison actually encourage married people to cheat on their spouses.

Although Texas is a no fault divorce state, adultery can be grounds for divorce under Section 6.003 of the Texas Family Code. So, if you are perusing sites to meet people, it could easily lead to suspicion of adultery and, if that suspicion ends up uncovering an adulterous situation it could and would put you at fault in a divorce.  Even worse, the court can consider fault when the overall property division is determined with Section 7.001 of the Texad Family Code which provides the court with the authority to make a disproportionate division of the community estate when one of the parties is at fault.

I divorced Guy McCollum after learning he was having a continued affair with Laurie Battersby that he termed “an overlap.”  Women aren’t stupid, we recognize suspicious behavior like the phone call “you have to take privately.” Or, the mysterious greeting cards that come to the house.  Perhaps the most obvious thing was the screensaver on the family computer or the fact that my exhusband was wearing the wedding gift watch in a photo with Laurie I had given him.  The fact that I was embarrassed and humiliated by this ongoing situation to the extent I endured it is in and of itself painful for me to recall.  Guy continued to yell that I was “accusing him” of something that he had obviously been continuing to do behind my back and put me in defense of not being crazy.

My twin sister divorced Larry Mahaney after he emptied their home while she was on vacation in California with me leaving not even the ice trays in the freezer.  He took my sisters clothes, both of her children’s clothes, my furniture and even the children’s toys for his “other family.”

Here’s what I think about cheaters- you deserve everything that happens to you buddy!  Sneaking around on your spouse is a horrible way to lead your double life and your actions will assuredly cause a reaction that often don’t only involve a divorce but also a child custody battle.

If you are so unhappy in your marriage I suggest you file for a divorce and then start fishing for a new mate on social media because your spouse is most likely already watching your every move because whether you realize it or not, your “sneaky” behavior has them on full alert.

Social media profiles are often used in divorce cases during trials with opposing council photos, videos, texts, emails and public postings into evidence.  They can also secure the hard drive on a computer.  Toll tags are also used to put you in a place at a certain time when you say you were somewhere else.  Sometimes it’s not what you post but how much you post that impacts your divorce suit. One husband successfully fought for and won custody of his children after his wife continued to post photos of herself in provocative poses while caring for their children.  He argued that her social media profile could embarrass the children and the time spent on social media (proven by date stamps) supported the accusation that she was spending more time with her computer than with their children. 

Posting photos with your “new love interest” and your children in a divorce case will backfire on you.  It’s best to wait until AFTER a divorce to tweet or post these types of photos.  Today divorce really has no boundaries of privacy for couples who are often also fighting over custody.

Seven Rules For Using Social Media During a Divorce:

1.  Don’t share anything you wouldn’t want a judge to see. If it’s “out there” opposing council will find it.

2.  Live your life as if cameras are constantly following you around and taping what your doing.  Social media provides a window right into your “private world.” Only post positive thoughts or unplug completely.

3.  Assume everything you do online will be found.  Your soon-to-be ex and their friends or opposing council will use whatever they can find against you.  This also applies to phone and text records, emails, dating sites and more.

4.  If you are debating whether it’s a good idea to share something- don’t.

5.  If you’ve filed for divorce or your spouse has filed, don’t assume that you can remove any of your social media history without potential legal consequences. Ask your attorney prior to deleting accounts.

6.  Don’t think you can “fake” nice. If you stage a photo of you at your kids soccer game and a witness testifies that you left 30 seconds later, your credibility will be tarnished.  Litigation is based on the credibility of the actors involved.

7.  Don’t ever underestimate the power of social media evidence in a courtroom.  Judges and juries are intrigued by social media evidence, and they consider it just as pervasive as othet evidence- sometimes more so.

The grass isn’t always greener on the other side and think of everything you are throwing away to find out….

Wendy M Wortham