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Under Mississippi law, there are 3 methods for obtaining a divorce: Irreconcilable Differences; Irreconcilable Differences with Contested Issues and Fault Grounds.
When considering litigation, a business owner should be aware of his or her options. In addition to the courtroom, there are other forums that might be appropriate, depending on the specific needs of the business. Alternative dispute resolution (ADR), described below, may be a desirable alternative to litigation or, if the cause of action is of an eligible size, small-claims court may be another venue for an owner to consider. Class actions may also be utilized by a business in certain circumsta
While the bankruptcy legally may stay on your credit report for up to ten years, you can start rebuilding your credit immediately after discharge. One of the most important things you can do to rebuild is pay the creditors on time that report to the credit bureaus. Secured debts such as houses and cars as well as utilities typically report your payment history to the three major credit bureaus.
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Technology For Lawyers
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There is a false sense
of security that takes place when we log on to the internet, our smart phones,
or some other form of electronic communication.
Many of us seem to think that our true selves are separated from these
pieces of technology and that our words and actions are anonymous and floating
somewhere through the netherworld of cell phone towers and Wi-Fi hotspots. The undeniable truth is that we are capable
of being tracked better now than ever before.
Even when we believe we have deleted every file from our computer, every
web site visited from our browser, and every text from our phones, forensic
specialists still can retrieve the electronic information. And believe it or not, this evidence is
becoming increasingly a standard component of divorce trials in the state of
Texas and across the country. In a
survey completed three years ago, eighty-eight percent of members of the
American Academy of Matrimonial Lawyers stated the number of cases introducing
electronic data had increased greatly over the past five years.[1] Undoubtedly,
the presence of electronic evidence has risen since then.
There are the
obvious pieces of electronic evidence that can be used against a spouse during
divorce proceedings, such as a Facebook update that says, “John Doe is meeting
his girlfriend for dinner even though his wife thinks he is working late” or an
online statement for a joint checking account that shows unexplained
investments or gifts. But, separating
spouses should also consider employee benefit files, online financial
management programs, emails, recorded conversations, and GPS tracking devices
(just to name a few) as possible sources of evidence in court.[2]
All such records must be carefully reviewed, though, before submitting
them to a judge. Otherwise, you may find
yourself in violation of state and/or federal privacy rights and facing both
actual and punitive damages.
When determining
whether or not certain electronic evidence is admissible in court, there are
important statutes to consider at both the federal and state level. The Federal Electronic Communications Privacy
Act and Stored Wire and Electronic Communications Act, passed with its original
content in 1986, prohibit the interception of “certain electronic
communication” and lay out the ability for the victim of the invasion of
privacy to pursue both criminal penalties and civil damages.[3] The
combined statutes also regulate the access to communication that is transmitted
electronically, including emails, faxes, voice mails, and text messages. Under the law, only communication attained
through a shared source, such as the family’s hard drive, is permissible. On the other hand, accessing a spouse’s
individual email account or cell phone records may not be allowed. This is when the issue of consent comes into
play, and what type of information concerning email passwords and other
confidential information was shared between spouses in the past.[4] The
courts are still navigating the language of the law in our electronic age, and
every legal decision seems to create new precedent for how divorce lawyers will
handle the overwhelming evidence that technology has the ability to provide.
At the state
level, Texas has both a criminal wiretap law, Tex. Penal Code § 16.02, and a
civil cause of action for interception of communication, Tex. Civ. Prac. &
Rem. Code, Ch. 123.[5]
Concerning the first law, you may not place a recording device in a
phone to record your spouse’s conversations with others. However, Texas is a “one-party consent”
state, meaning that you can record conversations in which you are a party
without the other participants knowing.[6] Concerning
the interception of communication, Texas largely reflects what is in place at
the federal level, with much deference given to the person whose personal
exchanges were captured.
With the
fluidity of the law and the struggle of both legislation and the courts to keep
up with ever-changing technology, you can be certain that Texas divorce attorneys
will aggressively fight any electronic evidence that may be damaging to their
clients and often will meet with success in this effort. Doubts will be raised concerning the
authenticity of the sender of an email or text message, the Fourth Amendment
and the implied right to privacy that is protected in both federal and state
laws will be argued, and the attorney will try to raise suspicions concerning
the time that any tracking device was installed and whether or not it was
unfairly directed at catching one person.
The bottom line
is this—electronic evidence can be a powerful and determining tool in divorce
settlements, as shown by its overwhelming use in courtrooms today, but privacy
laws will take precedence over such findings.
You need an experienced divorce attorney by your side to discuss the
evidence you collected or that you believe is out there to be found so that
your efforts are not later used against you.
Texas has several torts on the books concerning the invasion of privacy
and a court can consider these claims when dissolving and apportioning the marital
estate. Do not let evidence that you
collected to protect and benefit you become the reason that you pay a large
fine or even end up in jail. Gather all
of the resources you can when you enter the courtroom to dissolve your
marriage, but proceed with caution by working closely with your divorce lawyer.
[1] “Nation’s Top Divorce Lawyers
Note Dramatic Rise in Electronic Evidence,” American Academy of Matrimonial
Lawyers, http://www.aaml.org/about-the-academy/press/press-releases/e-discovery/nations-top-divorce-lawyers-note-dramatic-rise-el,
February 6, 2008.
[2] “Discovery and Admissibility of
Electronic Evidence,” National Legal Research Group, Inc, http://www.divorcesource.com/research/dl/discovery/01sep157.shtml,
2001.
[3] “Electronic Communications
Privacy Act of 1986,” Computer Professionals for Social Responsibility, http://cpsr.org/issues/privacy/ecpa86/,
February 11, 2005.
[4] “Electronic Communications
Privacy Act,” Rosen Law Firm North Carolina Divorce, http://www.rosen.com/divorce/divorcearticles/electronic-communications-privacy-act/,
2011.
[5] Miskel, Emily, “Electronic
Evidence: Who’s Really Getting Caught in the Act?” The Big “D,” http://blog.emilymiskel.com/2010/04/electronic-evidence-who%E2%80%99s-really-getting-caught-in-the-act/,
April 19, 2010.
[6] “Texas Recording Law,” Citizen
Media Law Project, http://www.citmedialaw.org/legal-guide/texas/texas-recording-law,
April 18, 2008.
of security that takes place when we log on to the internet, our smart phones,
or some other form of electronic communication.
Many of us seem to think that our true selves are separated from these
pieces of technology and that our words and actions are anonymous and floating
somewhere through the netherworld of cell phone towers and Wi-Fi hotspots. The undeniable truth is that we are capable
of being tracked better now than ever before.
Even when we believe we have deleted every file from our computer, every
web site visited from our browser, and every text from our phones, forensic
specialists still can retrieve the electronic information. And believe it or not, this evidence is
becoming increasingly a standard component of divorce trials in the state of
Texas and across the country. In a
survey completed three years ago, eighty-eight percent of members of the
American Academy of Matrimonial Lawyers stated the number of cases introducing
electronic data had increased greatly over the past five years.[1] Undoubtedly,
the presence of electronic evidence has risen since then.
There are the
obvious pieces of electronic evidence that can be used against a spouse during
divorce proceedings, such as a Facebook update that says, “John Doe is meeting
his girlfriend for dinner even though his wife thinks he is working late” or an
online statement for a joint checking account that shows unexplained
investments or gifts. But, separating
spouses should also consider employee benefit files, online financial
management programs, emails, recorded conversations, and GPS tracking devices
(just to name a few) as possible sources of evidence in court.[2]
All such records must be carefully reviewed, though, before submitting
them to a judge. Otherwise, you may find
yourself in violation of state and/or federal privacy rights and facing both
actual and punitive damages.
When determining
whether or not certain electronic evidence is admissible in court, there are
important statutes to consider at both the federal and state level. The Federal Electronic Communications Privacy
Act and Stored Wire and Electronic Communications Act, passed with its original
content in 1986, prohibit the interception of “certain electronic
communication” and lay out the ability for the victim of the invasion of
privacy to pursue both criminal penalties and civil damages.[3] The
combined statutes also regulate the access to communication that is transmitted
electronically, including emails, faxes, voice mails, and text messages. Under the law, only communication attained
through a shared source, such as the family’s hard drive, is permissible. On the other hand, accessing a spouse’s
individual email account or cell phone records may not be allowed. This is when the issue of consent comes into
play, and what type of information concerning email passwords and other
confidential information was shared between spouses in the past.[4] The
courts are still navigating the language of the law in our electronic age, and
every legal decision seems to create new precedent for how divorce lawyers will
handle the overwhelming evidence that technology has the ability to provide.
At the state
level, Texas has both a criminal wiretap law, Tex. Penal Code § 16.02, and a
civil cause of action for interception of communication, Tex. Civ. Prac. &
Rem. Code, Ch. 123.[5]
Concerning the first law, you may not place a recording device in a
phone to record your spouse’s conversations with others. However, Texas is a “one-party consent”
state, meaning that you can record conversations in which you are a party
without the other participants knowing.[6] Concerning
the interception of communication, Texas largely reflects what is in place at
the federal level, with much deference given to the person whose personal
exchanges were captured.
With the
fluidity of the law and the struggle of both legislation and the courts to keep
up with ever-changing technology, you can be certain that Texas divorce attorneys
will aggressively fight any electronic evidence that may be damaging to their
clients and often will meet with success in this effort. Doubts will be raised concerning the
authenticity of the sender of an email or text message, the Fourth Amendment
and the implied right to privacy that is protected in both federal and state
laws will be argued, and the attorney will try to raise suspicions concerning
the time that any tracking device was installed and whether or not it was
unfairly directed at catching one person.
The bottom line
is this—electronic evidence can be a powerful and determining tool in divorce
settlements, as shown by its overwhelming use in courtrooms today, but privacy
laws will take precedence over such findings.
You need an experienced divorce attorney by your side to discuss the
evidence you collected or that you believe is out there to be found so that
your efforts are not later used against you.
Texas has several torts on the books concerning the invasion of privacy
and a court can consider these claims when dissolving and apportioning the marital
estate. Do not let evidence that you
collected to protect and benefit you become the reason that you pay a large
fine or even end up in jail. Gather all
of the resources you can when you enter the courtroom to dissolve your
marriage, but proceed with caution by working closely with your divorce lawyer.
[1] “Nation’s Top Divorce Lawyers
Note Dramatic Rise in Electronic Evidence,” American Academy of Matrimonial
Lawyers, http://www.aaml.org/about-the-academy/press/press-releases/e-discovery/nations-top-divorce-lawyers-note-dramatic-rise-el,
February 6, 2008.
[2] “Discovery and Admissibility of
Electronic Evidence,” National Legal Research Group, Inc, http://www.divorcesource.com/research/dl/discovery/01sep157.shtml,
2001.
[3] “Electronic Communications
Privacy Act of 1986,” Computer Professionals for Social Responsibility, http://cpsr.org/issues/privacy/ecpa86/,
February 11, 2005.
[4] “Electronic Communications
Privacy Act,” Rosen Law Firm North Carolina Divorce, http://www.rosen.com/divorce/divorcearticles/electronic-communications-privacy-act/,
2011.
[5] Miskel, Emily, “Electronic
Evidence: Who’s Really Getting Caught in the Act?” The Big “D,” http://blog.emilymiskel.com/2010/04/electronic-evidence-who%E2%80%99s-really-getting-caught-in-the-act/,
April 19, 2010.
[6] “Texas Recording Law,” Citizen
Media Law Project, http://www.citmedialaw.org/legal-guide/texas/texas-recording-law,
April 18, 2008.