Divorce in the Digital Age: The Perils of Text Messaging

Fort Lauderdale Family Law Attorney Advises Clients to Avoid Texting Marital,
Extra-Marital or Negotiation Details - Or Risk Texts Becoming Evidence

FORT LAUDERDALE, Fla., Nov. 3 /PRNewswire/ -- In the age of digital
communications, there now are three sides to every divorce story: His, hers,
and what's being stored by the phone company.

Digital communications, like email, instant messaging and increasingly text
messaging using a wireless phone, has opened new lines of communication
between people. This includes couples facing divorce. While email and IM are
commonly used, most should be wary of texting. Why? Many people who text often
will message their spouse, friends or even a lover with whom they're having an
affair, revealing intentions, intimate details and negotiation strategies.

Such conversations can become evidence in the mediation or courtroom setting.
Yet, hitting "Delete" isn't enough to erase the conversation. The phone
company often retains records of text conversations for up to 30 days. In a
divorce scenario, those records can be requested or subpoenaed into evidence.

"Texts can be the forgotten smoking gun," said Barry I. Finkel, partner in The
Law Offices of Barry I. Finkel P.A. The firm practices exclusively in the area
of divorce and family law. "Imagine one party's surprise when they thought
they'd deleted that message to their lover or made a damaging statement, and
it shows up as evidence in court. It can cause irreparable damage to their
case."

Case law is evolving in the area of digital communications, Finkel advises his
clients. An authentic text message carries much the same evidentiary weight
before a judge or mediator as a letter or email. Produced in court, it can
burden or benefit one side's case.

Among Finkel's tips: If you intend to text message any settlement details to
your spouse, clear the message with your divorce attorney first. If you
believe your spouse has been texting a lover, suggest your attorney request
all text messages from opposing counsel or request a subpoena from a judge if
texts have been deleted from the wireless phone.

Texts also can be used favorably, leaving a "paper" trail of how one party was
trying to encourage settlement or presenting reasonable terms that would
reduce fees by keeping the divorce out of the courtroom. "It shows
back-and-forth communications in an effort to work things out or come to an
agreement," Finkel said.

ABOUT THE LAW FIRM OF BARRY I. FINKEL P.A.
The Law Firm of Barry I. Finkel P.A., is a Divorce and Family Law practice
focused on serving the needs of the entire family. Established in Fort
Lauderdale / Broward County, Florida, in 1983, the firm's lawyers provide
trusted matrimonial counsel to clients facing turbulent times and unsettling
situations. Learn more at www.BFinkelPA.com.

SOURCE The Law Firm of Barry I. Finkel P.A.

Lauren Simo of Boardroom Communications, +1-954-370-8999,
lsimo@boardroompr.com for the Law Firm of Barry I. Finkel, P.A.