Divorce; Text Messages and Evidence of an Affair

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.

Boise Family Law and Divorce Attorneys - 208-472-2383 - Irreconcilable Differences

Divorce in Idaho
As a Boise Divorce Attorney I often have clients who are very upset concerning a marital situation.  So upset, in fact, that they are seeking divorce.  They often want to file for divorce on certain grounds such as adultery.  But what if you don't have any such grounds?  Idaho is an "irreconcilable differences" state.  But what exactly does that mean?

Irreconcilable Differences
Many many years ago, most states were "for cause" divorce states.  What this meant was you had to prove the grounds for your divorce.  For example, if you claimed you were seeking divorce on the grounds of adultery, you would have to prove that your spouse, in fact, committed adultery.

As time went on the legislatures of the various states, including Idaho, decided that sometimes there wasn't just one identifiable reason why you would want to get a divorce.  They realized that there wasn't a big issue like adultery or habitual intemperance or the like.  Irreconcilable difference takes just that into account.  You don't have to give a reason why you want to get a divorce.

Irreconcilable differences allows you to get divorced without proving a case.  You simply tell the court that basically you no longer get along or you no longer want to be married to the other person.

Other Grounds for Divorce
Does that mean that you can't file for divorce on the grounds of adultery in Idaho?  Absolutely not.  Idaho still has grounds for cause laws articulated by statute.  Adultery, extreme cruelty, willful desertion, willful neglect and habitual intemperance are all for cause grounds for divorce.

If you have found yourself in one of these situations you can file for divorce on those grounds.  You will, however, have to be prepared to prove the proper elements of each case.  However, if you go this route you will want to also plead irreconcilable differences in the alternative just in case you are not able to prove the grounds you have plead.

If you are seeking a divorce and need to speak to a Boise Divorce Attorney, please call our office at 208-472-2383 and see what we can do for you.  You will be glad you did.