Internet, Email, Text Messages, and Divorce in Virginia. Ah, the power of the inter-webs. Our “modern era” has created a host of interesting and unique issues for both couples going through divorce and the attorneys who represent them. Can I read my husband emails? Well, maybe. It may depend upon how you accessed them. Can my attorney subpoena my wife’s text messages? Sure, but your attorney is likely to receive only the dates and times of the texts, not the messages themselves. Screen shots of the texts might suffice. Can my attorney recover deleted emails or computer files? Perhaps, but be prepared to pay a computer forensics expert to take the computer apart. What about what my spouse posted on Facebook or tweeted on Twitter? What about websites my husband visits late at night? Is it okay to cheat if I use a service like www.ashleymadison.com? Must I report my cheating spouse on www.cheaterville.com? You see where this is going.
Save the last two questions, which frankly are silly, most of these topics require a detailed discussion between client and attorney. In a growing number of my cases, some of the most useful and interesting materials come in the form of emails, text messages and camera-phone photographs. Whether and how you use these materials can play an important role in shaping the landscape of your family law matter.
My experience and background reflect the hallmarks of success one must demand of a lawyer in Northern Virginia's legal landscape. As a native of this area, I have here focused my practice on providing sound and balanced representation to clients navigating the difficult legal waters of family law, including contested divorce, custody, visitation, spousal and child support, and equitable distribution. More >>>
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Thank you for taking the time to read this blog. I hope you find the information here as enjoyable to read as I find to write. Please note that reading this blog does not create a legal relationship between you and Jason A. Weis, Esquire or any other attorney associated with familylawva.com. Moreover, all postings on this blog are merely attorneys' commentary on the state of family law in the Commonwealth of Virginia. THE POSTINGS ARE NOT LEGAL ADVICE – if you have a legal issue or question, I strongly encourage you to contact a lawyer. I would be pleased to refer you to someone if I am able.