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Infidelity via Social Media.... no physical...proven yet...KiK Video App. Sexually explicit conversations exchanged

San Antonio, TX |

Wife filed for divorce. I have evidence of text messages and pictures / videos being exchanged with the KiK Video App which pre-dates the filing for divorce, and after filing for divorce. The texts and pictures / videos are sexually explicit in their words and photographs / videos.

With old laws and new technology does this constitute as any form of infidelity? I'm talking EXPLICIT messages for sexual desires and pornographic pictures sent to and from my spouse before filing divorce and after filing for divorce.

Does this constitute as infidelity in any sense of the word?!?

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Attorney answers 4

Posted

Probably infidelity, but doesn't rise to the level of adultery. I would say to try to forget it and get on with the divorce. The judge won't give it much attention, since TX is also a no-fault state. You may wish to consult with a Texas family law attorney. Best of luck to you.... I know this kind of betrayal is hard on folks.

I am an Attorney-at-Law, licensed to practice law only in the state of California. Unless we have both signed a formal retainer agreement, you are not my client, and my discussion of issues does not constitute legal advice. Opinions expressed herein are those of the author, and do not necessarily represent the opinions of those who hold other opinions.

Asker

Posted

kind and honest answer. thank you.....looking for more!

Posted

In a divorce you should present this kind of evidence to the judge. It may not be adultery but it definitely goes to his character and truthfulness. Maybe not in the technical way but keep in mind judges judge based on what they see and hear.

Asker

Posted

i'm the husband. this is my wife doing this on KiK app with MULTIPLE people in 2013 before filing for divorce and AFTER filing for divorce

Jacqueline R. Kriebel

Jacqueline R. Kriebel

Posted

Collect any evidence and then prepare a strategy with your attorney. May be helpful. May not be. But better to have it just in case.

Posted

Hire an attorney if you have any thought if using this as evidence.

Know that proving infidelity may have limited effect on the outcome of the court case. Talk to your lawyer about it.

This answer DOES NOT establish an attorney-client relationship. This answer is based on the limited information provided and is not intended to be conclusive advice. There are likely other factors that might influence or change the advice after a more lengthy consultation.

Posted

The way you obtained these electronic files is relevant here. You do not specify how your came to be in possession of these messages, pictures, and videos. Texas Penal Code §33.09 deals with protecting the privacy of computer information both at home and the workplace. Penal Code section 33.09 provides: “A person commits an offense if the person knowingly accesses a computer, computer network, or computer system without the effective consent of the owner. For the purposes of this section, the owner is not necessarily the person in whose name the computer is titled to. Section 33.01(15) defines “Owner” as a person who “has title to the property, possession of the property, whether lawful or not, or a greater right to possession of the property than the actor." A computer system is defined as any combination of a computer or computer software, or physical facilities supporting the computer or computer network. This is a very broad definition that seems to encompass almost any network configuration. Breach of Computer Security is a Class B misdemeanor which provides for confinement in jail for up to 180 days and a fine of $2,000 or both. There are some aggravating factors that can escalate it to a felony. You do not mention how the electronic records were obtained but I wanted to bring this section of the Penal Code to your attention since it may be relevant to how you decide to proceed. An attorney can help you evaluate the proper course of action in your divorce and what evidence should be most relevant to your case.

This answer DOES NOT establish an attorney-client relationship. This answer is based on the limited information provided and is not intended to be conclusive advice. There are likely other factors that might influence or change the advice after a more lengthy consultation.

Luemara Aurora Wagner

Luemara Aurora Wagner

Posted

I did not notice this until I had already hit the send button. I meant Texas Penal Code §33.02, not §33.09.

Jacqueline R. Kriebel

Jacqueline R. Kriebel

Posted

Doesn't matter. DA doesn't waste her time on this. That's like charging someone with perjury. You'd have to arrest everyone in every family law case.

Luemara Aurora Wagner

Luemara Aurora Wagner

Posted

Unauthorized access to electronic records can also give rise to civil liability under The Texas Civil Practice and Remedies Code §123.002 establishing a cause of action against a person who illegally intercepts, uses, or divulges electronic information. Violation of privacy can sometimes be an additional cause of action. These additional causes of action can be joined in the divorce pleadings. Violations of the penal code can be mentioned as part of the grounds for a disproportionate distribution of the marital estate. Your question did not elaborate on the circumstances surrounding the acquisition of these electronic records. The bottom line is to retain an attorney and obtaining legal advice before trying to use these records in your divorce.

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