Evidence of Infidelity in Divorce
In Idaho, as in most state, the most common cause of action in divorce is on the basis of irreconcilable difference. Why then would I bother talking about infidelity? Adultery is a cause of action for divorce in Idaho. When you claim irreconcilable difference there is no need to prove anything. You simply state that you cannot reconcile. With adultery, however, you must prove that your spouse committed adultery. In order to prove something in court, you need evidence. Text messages provide an abundance of salacious evidence.
Wait, I Deleted Those Messages!
In IT circles the phrase, "things never go away" is very appropriate here. You may have deleted those love struck musings and deny ever sexting naked pictures of yourself to your crush, but if you did, they are still there and they can be retrieved and used as evidence against you.
What about your right to privacy? What about it? Once you put something out into the "public" sphere you have stepped outside of the realm of privacy. A text message or sexting naked or scantily clad photos of yourself over the "air waves" disqualifies your claim to privacy.
Ultimately Does it Matter?
I wish there was a good answer to this. Whether you get an unequal division of property or debt or you get a greater amount of alimony is decided on a case by case basis. It even varies with the same judge.
Well then, should I even worry? If your sex life laid out in all its glory in front of your divorce attorney, your family, the judge, the clerk, the marshal, your soon-to-be-ex and his or her family doesn't bother you, then you probably don't need to worry. For most folks, that is pretty embarrassing. Perhaps the bigger thing you should be concerned about is what else did you say in those texts which can and will be used?
If you want to speak with a Boise Divorce Attorney, give us a call, (208) 472-2383, and see what we can do for you.
