How Technology Can Impact a Divorce in Texas

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Divorce Attorney in Houston: Divorce, when you get right down to it, can be a pretty routine process. If a couple has property of any sort- a house, a car, bank accounts- those items get divided up between the parties either by agreement or by a Judge.

If the couple has children, the parties can either agree to divide the children’s time between the two of them or they can go see the Judge and have it done that way.

There are really only those two ways to go about a divorce. This has always been the way divorces in Texas were handled.

However, with the advent of newer and more invasive technologies that shape our day to day lives couples that are divorcing need to consider how social media and other hallmarks of the digital age can shape their and their children’s futures.

Technology can Impact Communication

Houston Family Attorney: Many of the effects technology can have on divorcing spouses are positive.

Email

For instance, email eliminates the degree to which spouses must interact face to face if they prefer to keep more than an arm’s length from one another.

Texting

Text messaging has likewise made it so plans can be made or changed on the fly without needing to take the time or effort to contact the ex-spouse by phone or in person.

Many divorcing parents have chosen to allow their spouse to have possession and access to the children at any time which they are unable to exercise possession themselves. This is great for the children in many regards as they will be able to strengthen the relationship with both parents at a moment’s notice.

However, this can create logistical concerns when it comes to scheduling transportation for the children or arranging a schedule on the fly. Technology can intercede on the behalf of both parents to facilitate the necessary alterations to the previously agreed upon schedule.

Co-Parenting Websites

Online “co-parenting” websites like Our Family Wizard allows the parties to a divorce to communicate using an established, court approved method wherein messages can be sent which are date and time stamped.

The parties can agree to use websites such as this as frequently or as seldom as they choose, or a Court can mandate that these sorts of websites be the sole means by which the parties can communicate regarding the children or any other subject.

For a nominal yearly cost, the parties’ communications will be documented, logged and made ready should disagreements or outright violations of the court’s orders be alleged. The peace of mind that can be achieved knowing that any missteps by an ex-spouse are documented can put many a nervous mom or dad at ease.

Negative Impact of Technology

As with most things in life for every positive attribute of something, there is a negative characteristic to consider as well. Technology is no different.

For instance, information including photographs, social media postings and even emails are often used in contested divorce proceedings by one party against the other.

A dispute whether a spouse was having an affair during the marriage can be resolved with some ease if a Facebook post or Tweet mentions the alleged paramour and the philandering spouse together.

By the same token, if a spouse is not being fully forthcoming when it comes to divulging the full extent of their financial wellbeing a Facebook post congratulating them on getting the new job or praising the “secret” purchase of a new boat can very much affect the outcome of a divorce.

Technology and Information Sharing

Houston Family Law Attorneys: Just as with shared bank accounts retirement accounts, a divorce will require that shared means of technology between two spouses be eliminated as well.

Sharing documents or calendars “on the Cloud” may have made life simpler during a marriage but the parties will have to decide (or have a Court decide for them) how to deal with these accounts or shared means of access upon the termination of the marriage.

Unwanted Interference

Unless the parties are willing to have their ex-spouse keep the access to the information put on the Cloud they will need to work out an exit strategy to limit any unwanted interference in this way.

It is altogether not an uncommon occurrence for parties to a divorce to use:

> hidden cameras
> online activity monitoring devices or
> cell phone trackers to keep tabs on the physical and digital movement of their soon to be ex-spouse.

While Courts can differ on their viewpoints regarding information obtained by less than forthright means it should not be presumed that each of us has the right to spy on their spouse and obtain information by any means necessary.

Choosing what information, you share with your spouse is a consideration for each couple to make themselves- especially those who believe that a divorce may be around the corner.

Technology and Divorce Tips

Divorce Houston: What advice do the Houston divorce attorneys with the Law Office of Bryan Fagan, PLLC have to offer on the subject of technology and divorce? The author of this post would tell any potential client of our office that they should type, post and email with the presumption that whatever words they use in digital forums can and will be used against them in a Texas courtroom potentially.

This means that any person who finds themselves using technology in a family setting should be extremely cautious of what they type and what they share with the world. A word to the wise would be to write or post nothing that you wouldn’t be comfortable having your mother, grandmother, pastor or perhaps more relevantly- a judge- to read. Judgments by a Court towards digital etchings can be made without full knowledge to context, tone or circumstance and in that way are more dangerous than actual words uttered to your spouse.

Take care and exercise caution when deciding to use technology to communicate with the world around you.

In a world that is ever changing, for better and worse, due to the proliferation of different means of technology, it is important to have advocates that understand these issues. The attorneys with the Law Office of Bryan Fagan, PLLC know how to use technology to bolster a client’s case and how to utilize the technology available to us in order to ease families into post-divorce life. If you have any questions regarding divorce, child custody and how technology affects them please contact our office today for a free of charge consultation with one of our attorneys ... Continue Reading