Texting, Sexting & Divorce

In the electronic age, it is not just elected officials like Mr. Anthony Weiner who must be careful. Individuals going through divorce must be too. In the last three years there have been three major cases handled by Bryan L. Salamone & Associates, PC involving texting, sexting and the “cloud technologies”.

As a general rule, we recommend that you do not write down anything unless you are prepared to defend it in your divorce. Do not text; Do not sext; do not have any expectations that what you are sending to another trusted individual will remain private.

Even though No-Fault has become the gate keeper preventing most hot and steamy details of a couple’s marriage/infidelities from being brought out in court, do not be fooled. Custody is an examination of a person’s character and behaviors which is more in depth and far reaching than the allegations used in divorce prior to No-Fault.

Adultery is still a crime and it is still a ground for a divorce. A private investigator still takes pictures, people still take testimony, the court still hears lured details of a couple’s perversion, sexual exploits, and infidelities. In fact, in custody cases,  almost eighty percent of every single custody case involves a questionable behavior, practice, or a way of thinking by one parent who is going to be scrutinized and brought to light by the other parent. In a custody case private investigators are busy taking pictures of adulterous behaviors not to show that the adultery exists, but to show that during someone’s parenting time or during their absence from their children, they are not doing what a concerned parent would do.

In one case, a same sex affair between a mother and her girlfriend was caught on camera by our private investigators. This would not have been an “ace in the hole” in the custody matter but for the fact that the young child was in the room. The highly objectionably video tape shows the child going to the foot of the bed while the two women embrace and disrobe. The mother in the custody battle (our client’s wife) actually kicks the child away from the bed side and begins to perform some sexual acts in front of the child.

In that case, electronic images were very important and helped win custody for a man. Similarly, we represented a man whose “new” girlfriend decided to send him via text messages, various photos of her engaged in questionable behaviors. These behaviors and these pictures were then somehow put on an “icloud” and then accessed by the parties nine and eleven year old children using their I-Pad which they use for school work and to play games.

Presently there is an ongoing case in our firm’s case load involving the introduction of text messages into evidence. Text messages are being used not only to bolster the statements but to show the exact statements when a party cannot remember exactly what was said one to another. In a matter being handled by this firm we were attempting to establish that the father (our client’s husband) will never be appropriate to foster a relationship between our client and the children. We are introducing text messages (dozens and dozens) that evidence a hostile and aggressive parenting style showing that the adverse party has taken the children away from our client and has brainwashed and poisoned their minds. It is well known that a party’s interference between the relationship of a child and the other parent is so inconsistent with the best interest of the child that is raises a high probability that the offending party (the interfering party) is unfit to act as a custodial parent. It is through text messages that are often hateful, rude and harassing that we are establishing this in a case that is bound to be news worthy or ground breaking.

As a general rule, do not say things in anger; do not put anything in “paper”. It is now expanded to mean text messages. If you do not believe this, look at the news whereby politicians including Anthony Weiner are having to answer for text messages and emails/forum and social media communication.

In a divorce, not only do you have to be aware that what you are saying via text or email may be exposed by the person who is receiving it or someone who is investigating you, it also could be received by the unintended recipients of such a message your children. The I-Cloud is a very dangerous information sharing device if not set properly and/or if your family members have access to portable devices within the Cloud’s range.

At Bryan L. Salamone & Associates we are well versed in the cutting edge technologies and the issues affecting today’s divorce. We offer free consultations on selected cases.

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