A text is forever
Okay, maybe not forever, but probably for long enough for it to cause problems. Cellphones, smartphones, Twitter, Facebook and all the rest of the electronic devices and social media create an almost unavoidable problem for most people. Carrying a cellphone and checking Facebook have become almost an unconscious, reflexive action for most people. We check texts and voicemail, tweet or update a Facebook page and we may do it so frequently that we fail to even recognize we are doing it.
If you are involved in a divorce, this can have consequences far beyond a simple text. Because many of the processes leave an electronic trail of breadcrumbs that can be followed long after you may have forgotten you created it, they can be “discovered” in a legal proceeding. In a divorce or child custody hearing, an inappropriate photo or stupid text sent may undercut your credibility, and damage your case.
In San Antonio, a woman’s divorce appears to have been caused by her sending explicit photos to a man. Her husband found the text with the photos and filed for divorce. Additionally, he wants to examine a laptop and ask questions of the man. Not only is this embarrassing for her within her divorce proceeding, but also because she is the executive administrator for the Alamo, it has become a public news story.
We advise our clients to avoid using their emails or texts to send any compromising information or pictures while divorce proceedings are ongoing, but we also suggest you avoid “sexting” at any time.
Source: The Houston Chronicle, “Divorce case reveals sexting by Alamo’s overseer,” June 5, 2013