Technology and Divorce

MyFox Chicago aired a report last week on the ways that new technology has worked its way into divorce cases.  The description for their report is listed below

Going through a divorce has rarely been easy. But these days, high-tech tracking devices are making it easier than ever for things to get ugly. Cell phones, text messages, and GPS devices are getting more spouses in trouble than ever before. Larry Yellen tells us how more people are deciding that all's fair in love and divorce.

This story was both interesting and well done.  You can view the story by clicking HERE

Source:  "High Tech Devices Leading More Couples to Divorce" published at MyFox Chicago.

The YouTube Divorce Video

The news media is abuzz this morning about former actress and playwright Tricia Walsh-Smith's YouTube video in which she rants about her divorce case.  Apparently, she is upset that she signed a pre-nuptial agreement, and she has chosen to air all of her husband's dirty laundry in public via YouTube.

Is this a good idea?  Not in a million years!  All she is doing is putting information out there that at best will irritate or anger the judge and at worst will be give her husband additional ammunition to use against her in the divorce case.  I can only imagine how upset Ms. Walsh-Smith's attorney is this morning at the mess his client has created for herself.

This is a perfect example of a divorce party having a half-baked idea and then acting on it without thinking through all of the ramifications.  I had a case years ago where my client's wife had cut off one sleeve on all of his business suits.  It probably made her feel better at the time, but she certainly was not laughing once the judge had his say on her actions.

You can view the video below, and you can also read more about this situation in the Chicago Tribune, London Daily-Mail, CNN, Washington Post, People magazine, and the Los Angeles Times.


Technological Tools and Hurdles in Divorce Cases

Technology is changing the way that people divorce.  In the old days, if you suspected your spouse of being unfaithful, you would hire a private investigator, who would follow your spouse to see exactly what he/she was up to. 

Today, there are many options available to those who suspect their spouse may be cheating.  For instance, The New York Times published an article that looked at digital evidence, such as email messages, history of Web site visits, and cellular telephone records.  Better private investigators now frequently use GPS tracking systems to gain information to aid in their surveillance.

Parties sometimes even use somewhat "questionable" methods of obtaining information about their spouses' activities, such as hacking into email accounts, loading spy software onto computers, and/or placing recording devices on phone lines.  I should point out that these types of methods could result in liability for criminal prosecution and should therefore be avoided.

In my practice, I have noticed that cheating spouses will often take steps to attempt to cover their tracks.  For instance, they may clear their call histories on their cellular phones, delete their internet history, delete emails from both their inbox and trash folders, and/or change their passwords on various accounts.

Resourceful attorneys can issue subpoenas to obtain the opposing party's cellular telephone records, credit card records, and even bank account records to help uncover an unfaithful spouse's activities.  I regularly discuss these types of issues with my clients in certain types of cases, and these methods can yield fruitful results.

If you want more information on this topic, you should read "Tell-All PCs and Phones Transforming Divorce" by Brad Stone, published in The New York Times.  As mentioned above, this article gives several real world examples of how parties and attorneys are dealing with these evolving technology issues in divorce cases.

Online Applications Can Help Parents and Children

I previously posted how online resources can help parents better work together, which will benefit their children.  Online calendars, like Google Calendar, can help parents (whether living together or apart) keep track of their children's activity schedule, which can be hectic and change frequently.

Parents who are separated or divorced can track the child's physical custody (or visitation) schedule, as seen in this example.  Using the calendar in this manner helps both parents will know when the children will be with them on a given day, which helps them arrange transportation for the children's various activities.  The online calendar can also document which parent had the child on which day in case a dispute arises later.  As an added bonus, the calendars print out nicely (like in this sample).

Another (though less obvious) type of online resource that can assist separated parents are document / spreadsheet applications, such as Google Docs & Spreadsheets.  Parents have an obligation to pay certain expenses for their children, such as medical expenses that are not covered by insurance; day care costs; clothing and supplies; extracurricular activities; school lunches; etc.  It is surprising how often disputes arise because one parent claims that the other hasn't paid his/her share, only to have that parent claim that he/she never received the necessary information. 

By using an online spreadsheet (like this sample) to track this information, the parents can track the cost for any types of items, determine each parent's share, and show whether or not that amount has been paid.  Online documents could even be used as a type of journal to exchange necessary information in situations where the parents have severe communication problems.

By using these online resources, parents should be able to minimize or greatly reduce communication problems in the future.  Less friction between the parents should result in them having a better working relationship, which will certainly yield happier, better adjusted children.  Please share your thoughts on these (and other) online resources in the Comments section below.

Another Way to Catch Cheating Spouses

Cheating spouses now have one more way to get caught in their philandering.  Electronic toll collection systems are emerging as a powerful means of proving infidelity.  Attorneys can obtain records from these services and use that information to prove that a spouse was not where he/she claimed to be. 

The Associated Press reports that agencies in seven of the twelve states surveyed indicated that they would provide electronic toll information in response to court orders in criminal and civil cases, including divorces.  Even if the state agency refuses to provide the information, it can frequently be obtained from the other spouse through the normal discovery process.

Source:  "Toll Records Trip Up Philanderers" by Chris Newmarker, published at The Huffington Post.

Online Research Resources

Lifehacker.com, the outstanding software and productivity blog, recently published an article describing several free online resources to assist in finding public records information online.  Among the categories discussed in this article are:

  • Vital Records
  • Phone Books
  • Professional Licenses
  • Criminal Records
  • Obituaries
  • Military Records
  • Immigration Records
  • Other (Google and Zabasearch)
These resources can prove valuable when trying to locate or obtain information about a party or witness in a Family Court action.  In cases where clients have limited financial resources, utilizing these sites can sometimes avoid (or reduce) the need for a private investigator.

Source:  "Where to Find Public Records Online" by Wendy Boswell, published at Lifehacker.com.

Online Safety Guide for Children

For anyone concerned about their children's online safety, CNET has produced an extensive guide to keeping kids safe online.  Not only is there written information, but the guide also contains video reviews, demonstrations, and parent-driven discussion groups.  Their guide is divided into the following six sections:

  1. Developing safe and smart Internet citizens
  2. Parental controls that keep tabs on young Web surfers
  3. Growing concerns over cyberbullying
  4. Parents, tech outdo lawmakers on Internet safety
  5. User-generated videos challenge parental controls
  6. Readers address online safety for kids
Source:  "Keep Your Kids Safe Online" published at CNET.com.  Thanks to Rick Broida for his post at LifeHacker on this topic.

Mother Uses MySpace to Arrange Kidnapping of Child

A woman in San Antonio, Texas, has been charged with using MySpace to recruit two people to kidnap her son from his father.  The mother and father were not married, but they have two children together. The younger son, 1 year old, lives with his mother, while the older one (age 2) lives with his father and paternal grandparents.

The mother set up a MySpace page with the heading "I want my son back," and she allegedly offered $500 to anyone who would help her kidnap the boy from her estranged boyfriend.  Two people agreed to the scheme, and the mother sent a text-messaged her ex-boyfriend's sister, claiming that she was planning to stop by with something for the boy, to make sure he would be where the kidnappers could get at him.

On Saturday night, the two kidnappers took the screaming 2-year-old boy from his home, with the child's father chasing after them.  Shortly thereafter, they met the mother at a nearby convenience store and exchanged the boy for the money.  Police were able to locate the boy and return him to his father, though the child is reportedly still shaken by this incident.  The mother, her aunt, and both kidnappers have all been charged with felony criminal charges.

Source:  "Mom Is Accused of Hatching Kidnap of Tot on MySpace" by Vianna Davila and Vincent T. Davis, published in the Express-News and "Woman Allegedly Arranged Kidnap on MySpace" published by United Press International.

Videoconferencing Approved for Use in Family Court

The South Carolina Supreme Court issued an Order on January 10, 2007, which sets forth procedures for the use of videoconferencing in certain situations in our Family Courts.  Specifically, this process may be used, with the party's written and oral consent, for the purpose of hearing bench warrants, Department of Social Services cases limited to emergency protective custody, intervention hearings, status review hearings, and permanency planning hearings.  You can read the full text of this Order by clicking HERE.

How to Create Graphs for Free

"A picture is worth a thousand words."  There are many opportunities for family law attorneys to use graphs in presenting their cases at trial.  For instance, graphs can be used to illustrate the nights that a child has spent with each parent, various asset/debt distributions, or even income earned over a given period of time. 

The National Center for Eduction Statistics offers Create A Graph, a Web 2.0 graph program available for free.  This program allows you to create 2-D, 3-D, or drop-shadow graphs in pie, bar, line, and area formats.  Better yet, you are able to easily export your graphs to *.pdf, *.jpg , or other image formats.  If you are interested in creating helpful demonstrative evidence for free, be sure to visit this NCES site and give it a try.

Source: "Create a Graph" by Tom Mighell, posted at his Inter-Alia blog.

Can Parents Be Held Liable for Their Children's Online Activities?

You are certainly aware that many parents worry about their children's online activities.  Typically, they fear the potential threat posed by online predators and/or the viewing of inappropriate material.  However, I would be willing to bet that very few parents have considered the possibility that they may be sued for the online misbehavior of their kids.

In San Antonio, Texas, an assistant high school principal has filed suit against two former students and their parents for defamation, negligence and gross negligence arising from statements posted on the students' MySpace pages.  The assistant principal claims that parents generally owe a duty to supervise the activities of their children on the Internet.  She also alleges that the parents knew that the children were using the Internet and that they provided the computers used by the children.

This case has not yet gone to trial, so it is unknown whether the allegations against the parents (or the children for that matter) will succeed.  You can read much more about this case and analysis of the issues facing the parents by clicking HERE.

Source:  "Parents Legally Liable For Kids' Internet Misconduct?" by Eric Sinrod, published at FindLaw.  Thanks to the Stark County Law Library Blog for its post about this article.

Impact on Marital Spying in Divorce Cases

Marital spying is occurring much more frequently these days.  It can take many forms, from hidden cameras to computer spyware to wiretaps.  However, such conduct can land the snooping spouse in hot water in some states:

  • A wife won $7,500 in New Jersey after proving that her husband used a monitoring device to track her transactions and e-mails during divorce proceedings. Garfinkel v. Garfinkel.
  • A Florida state court found that a wife violated state wiretapping laws when she installed spyware on her husband's computer to record evidence of an extramarital affair.  The court also held that the chat records could not be introduced as evidence in the couple's divorce proceeding. O'Brien v. O'Brien.
Divorce attorneys are also becoming aware of the ethical landmines that their clients’ conduct can create in such situations.  Atlanta divorce attorney John Mayoue believes that attorneys should be careful when discussing spying tactics with clients, noting that they could be held liable if they review, or even know about, private information which was obtained illegally.

In addition, technology is developing faster than the law can keep up in many cases.  For instance, in the O’Brien computer spyware case mentioned above, the software installed by the wife only took pictures of the screen.  Her attorney, Ryan Thomas Truskoski, has taken the position that despite the court’s ruling, she did nothing illegal because no communications were intercepted.

You can read much more on this subject by clicking HERE.

Source:  "Gadgetry Makes Marital Spying Easier, but Creates Tricky Legal Issues" by Tresa Baldas, published at Law.com. Thanks to the Stark County Law Library Blog for its post finding this article.

Free Online Resource for Creating Calendars

Frequently in Family Court cases, clients will need to use calendars.  The most common use is to chart custody and/or visitation schedules in child custody cases.  I recently discovered PDF Pad, which will can be used to create monthly or yearly calendars for any period from 1583 to the present. 

For instance, clients can use these calendars to monitor the days that a child will be with him/her over the next few months.  It can also be used by attorneys to create exhibits (a) to present to the Court illustrating custody trends over given periods of time and (b) to use in settlement negotiations with opposing counsel or in mediation.

To see the many the available options or to create a calendar, you can visit PDF Pad by clicking HERE.

Source:  "Get Free PDF Calendars, Graph Paper, and More" by Adam Pash published at LifeHacker.

How to Create Family Tree Charts

I recently posted this article last week at my other blog, The Mac Lawyer, and I thought that my readers here might find it helpful as well:

There are many instances where an attorney might want to create a family tree.  Such charts can be useful demonstrative evidence in family court cases and also in probate cases to illustrate the respective relationships within a particular family, and they can include names, pictures, birthdates, and/or any other necessary or relevant facts.

The following three templates can be used to create family trees:

If you just can't bear to use Microsoft software, these templates should work just fine using Zoho Writer, Writely, Zoho Sheet, or even Google Spreadsheet.

Source:  "Create Family Tree Charts inside Microsoft Office" by Amit Agarwal published at the Digital Inspiration blog.  Thanks also to Wendy Boswell of the LifeHacker blog for her post on this article.

How to Use Excel to Create a Timeline

I posted this article last week at my other blog, The Mac Lawyer, and I thought that my readers here might find it helpful as well:

Attorneys practicing in many different areas of the law need to Picture_2 create timelines from time to time. In my family law practice, it is often helpful to make chronological timelines for demonstrative evidence.

You may not know that Microsoft Excel can be used to create nice looking timelines. The Microsoft Education Center makes this process easy with their lesson: Create a Timeline in Microsoft Excel.

Not only does this article have an easy to follow eleven step "how to" for this very purpose, but it also has several different sample timelines for your reference.

Thanks to LifeHacker for their post about this article.

SC Family Law Attorney Gives Presentation

I was honored to give a presentation last week at the South Carolina Trial Lawyers Association (SCTLA) Annual Convention in Hilton Head, SC. I presented along with noted blogger and technologist Dave Swanner as part of the "Computer Technology" portion of the convention.

My presentation was titled "Using Macs in a Law Office: Creativity Unleashed", and I explained why I believe Macs to be far superior to PCs for attorneys. I touched on many popular software programs that I use, including Daylite, Lawstream, Circus Ponies' Notebook, and others.

You can view a *.pdf version of my Keynote presentation by clicking Using Macs in Law Office.pdf. Thanks again to SCTLA for inviting me to speak.

Children's Calendar by Google

Are you familiar with Google Calendar? It's a free, web-based calendar that works great and is very easy to use. Grant Griffiths of the Kansas Family Law Blog recently suggested that divorced parents use this service to share their child's schedule.

Grant stated "with the online service, each parent would now have their child's schedule and why not include the visitation schedule on the same shared calendar. This would also eliminate the problem of one parent complaining about not knowing what is going on with school and summer activities."

You would probably be surprised to learn what a problem parents often have keeping each other informed of their child's activities. In fact, this "failure to communicate" often leads to litigation to correct the problem. With services like Google Calendar making the sharing of information so easy, parents will have a tougher time in the future for not sharing such information.

Source: Kansas Family Law Blog by Grant Griffiths.