In modern Texas divorce cases, technology has moved to the forefront, often affecting outcomes. Whether it’s social media posts, text messages or location data, digital footprints can affect a party’s credibility, reveal hidden assets, and have an impact on custody determinations.
This article explains how social media activity and other digital evidence can influence property, custody, support and other matters in a Texas divorce—and offers guidance for navigating these issues with minimal adverse consequences.
The Role of Social Media in Texas Divorce Proceedings
Social media posts, comments, photos, and location tags can play a pivotal role in Texas divorce cases. Courts often use such evidence to assess credibility, verify or challenge testimony, and identify patterns of behavior.
In a community property state like Texas, such material can affect property division, in addition to custody, child support and spousal maintenance. For example, a post suggesting or showing lavish spending might imply or expose undisclosed income, whereas location check-ins could undermine parenting claims.
Types of Electronic Evidence Admissible in Family Law Cases
A wide range of electronic evidence can be used in Texas family law matters, whether to support or to challenge claims related to custody and visitation, child or spousal support, and the division of marital debts and assets.
Common examples include:
- Emails and text messages
- Instant messaging (IM) threads and call logs
- Dating app activity
- GPS or location history
- Financial transaction records
Under the Texas Rules of Evidence, to be admissible, digital material must be:
- Relevant to the case–the digital evidence must relate to matters of interest in the dispute
- Properly authenticated–the party introducing the evidence must be able to demonstrate that it is legitimate
- Legally obtained–The evidence must be collected within the bounds of the rules of evidence–for example, evidence obtained through illegal or unauthorized hacking will typically not be allowed in court.
Understanding the legal boundaries is key when handling electronic or digital evidence in family law and divorce matters.
Privacy Concerns and Legal Boundaries
In Texas divorce cases, unauthorized access to a spouse’s private accounts (such as email, social media, or cloud storage) without consent may:
- Violate the Texas Penal Code, particularly provisions on computer crimes and unlawful access to electronic communications.
- Be contrary to certain federal laws, such as the Stored Communications Act (18 U.S.C. §§ 2701–2712), which prohibits intentional, unauthorized access to certain stored electronic communications.
Both can lead to criminal prosecution, in addition to the potential exclusion of the evidence in court.
Preserving and Presenting Digital Evidence
In any case involving digital evidence in divorce, proper preservation is critical. Clients should secure screenshots, retain metadata, and store copies in encrypted or otherwise secure backups.
Forensic experts often play a key role in verifying the authenticity of digital evidence, and in ensuring that data has not been altered. In Texas courts, evidence that is incomplete, modified, or lacks a clear chain of custody may be excluded altogether.
How a DFW Divorce Lawyer May Use Digital Evidence
- To strengthen arguments in custody disputes – Evidence of online activity, communication records, or location data can bolster claims about parenting time, stability, or parental fitness.
- To make arguments about property division –Financial transactions or other records, as well as spending patterns, can reveal hidden assets or undisclosed income.
- To support spousal maintenance claims – Digital evidence can establish need or challenge exaggerated claims of financial hardship.
- To effectively cross-examination hostile or adverse witnesses – A skilled attorney can use contradictory posts, messages, or timestamps to question the veracity of a witness’s testimony and impeach credibility.
Read Also: What Are the Grounds for Divorce in Texas
Protect Your Interests in the Digital Age with Bailey & Galyen
At Bailey & Galyen, we understand how social media activity and electronic evidence can shape the outcome of a Texas divorce or family law dispute.
With decades of experience in the DFW area, our attorneys know how to collect, preserve, and present digital evidence to protect your rights in property division, custody, and support matters.
For a confidential consultation with a skilled DFW divorce lawyer, contact us online or call our office anytime. Our phones are answered 24 hours a day, seven days a week. Se habla español.
Bailey & Galyen Solving Your Legal Puzzle®