Monday, March 1, 2010

Text Message Evidence - Will it hurt you in a divorce?

Evidence that your spouse is cheating is not always very relevant in divorce cases. Illinois is a "no fault" state meaning that even if your wife has slept with every sailer in the Navy, it doesn't necessarily mean much to the judge. However, in certain cases it does have an impact such as where there is a premarital agreement that makes it relevant or there is a custody dispute and your moral character comes into light. However, it may be relevant to the judge if the kids are exposed to the cheating. It can also show up in the dissipation (wasting) of marital assets. Court's will take notice of marital money spent on the cheating spouse's significant other. Dissipation occurs when one spouse spends marital money on a non-marital expense at the time the marriage has broken down. There's a lot more to it than that so you should consult with an attorney if this is going on.

What can you do to avoid the problem? Not cheat is one suggestion. Also, there are now more tools to cover your tracks such as which is an iPhone application that deletes your texts after a set time. You may also use web-browsing cleaning software such as  to clear certain info on your computer. (I use it because it makes my computer run faster). Of course, a good forensic computer technician can probably get on the trail of just about anything so I think my first suggestion is best.

If you suspect cheating and want to know if it will impact a divorce, speak with an attorney first and find out.

Anthony Andreano
Attorney at Law
(815) 954-8175