Jesse James gets engaged to Kat Von D

Sandra Bullock ‘s former husband Jesse James has announced his engagement to Kat Von D, seven months after his divorce was finalised.

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Jesse James gets engaged to Kat Von D

Court says Texas AG can’t block gay divorce

Court says Texas AG can’t block gay divorce — Sat Jan 08 18:08:00 UTC 2011 The 3rd Texas Court of Appeals in Austin ruled Friday that Attorney General Greg Abbott can’t block the divorce of two women who were married out of state. about: 3rd Texas Court of Appeals AG Attorney general Attorney General Austin Austin Texas Divorce Greg Abbott Law_Crime Texas Attorney General Texas Court of Appeals Texas Supreme Court

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Court says Texas AG can’t block gay divorce

Sandra Bullock, Jesse James divorce finalized

A court clerk in Austin, Texas, confirmed that the divorce between the Oscar-winning actress and celebrity biker was finalized Monday.

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Sandra Bullock, Jesse James divorce finalized

Divorce – Three Types of Divorce Alimony

Alimony is also called as the settlement that one party in the divorce is expected to pay to the other. In a divorce the court has the right to specify a particular type of alimony and the payer has to pay the same to the beneficiary or the receiver of the alimony. There are three different types of alimony and the court, on its discretion, can appoint a particular type to a particular case. Here you will find the three types of alimonies in detail. – Temporary Alimony Temporary alimony is one that is granted to the receiving spouse to maintain a particular lifestyle till the time of the actual divorce or a few years after it. This is to ensure that certain debts or mortgages that were jointly owned do not become the sole burden of one spouse. Hence to lessen the burden of the receiving spouse a temporary alimony is granted. – Permanent Alimony Permanent alimony on the other hand would be a payment that has to be paid to the receiving spouse for the rest of his or her life. The payment could be made bi-monthly, monthly or even yearly. Such alimony is granted to a spouse who under no circumstances can be employed. – Rehabilitative Alimony Rehabilitative alimony is granted to a receiving spouse who is currently unemployed but will find an employment during a later period. Such alimony is to rehabilitate the receiving spouse till the time he or she is able to get back to work or till the time he or she is employable. An accident that has left a spouse with a broken leg and who is expected to be in bed for 6 months would receive a rehabilitative alimony till the time he or she rehabilitates completely. Such alimony is short-term in nature and can last anywhere between a few months to a few years. Always remember that divorce has to the very last option in the legal system of separation. It is always best to get a marriage counselor and work together to make amends. If nothing else works then a divorce can be looked at. Before looking at divorce you will have to look for the best attorney in the market. Do a lot of research and invest in the best attorney that you can find. If you are claiming alimony then it is only the magic work of your attorney that would count. So make sure that the attorney you choose is the best in the game. Also remember that when it comes to alimony the court would look at both parties i.e. you and your husband, and see who has a better financial capacity or earning. Based on the findings the court could appoint you as the provider of the alimony or the receiver. This is a place that a good attorney would be useful. He or she would be able to show the court how you are a dependant and how alimony would benefit both you and your children.

Is your New Year’s Resolution to Get a Divorce?

It is Christmas Eve and you are surrounded by family as you admire the ornaments on the tree and enjoy a warm beverage by the fireplace.  You have left all of the crowds at the mall behind and, wrapped in brightly colored packages, you have the perfect presents for everyone on your list.  The kids went to sleep without a fight, knowing that morning would bring the discovery of what Santa had left during his annual visit.  This is supposed to be the happiest time of the year.  Why, then, are you throwing sideway glances of disdain at the person with whom you exchanged wedding rings years ago?  What is it about this season that makes you realize how unhappy you are in your marriage?  And, what will compel you to join thousands of others in a few weeks to do your part in making January the busiest month of the year for divorce attorneys?  There are several reasons to explain this very real winter of marital discontent.

The coming of the New Year always brings a period of self-reflection.  People make promises to themselves ranging from the ever-popular determination to lose weight to other resolutions such as to quit smoking or to smile more.  Some feel that the fresh start that accompanies the countdown to midnight and the singing of “Auld Lang Syne” should include beginning the year without a husband or wife.  As New York lawyer Sue Moss puts it, “It seems everyone’s New Year’s resolution is to lose weight and lose the husband, and not in that order.” Those who have struggled in what they believe to be bad marriages, sometimes for years, make the decision that they will not start yet another year in the same environment.

On a more practical note, there are also financial issues to be considered when determining the timing for a divorce.  There are tax advantages that come with sticking with the marriage until the end of the fiscal year.  Where the old saying was, “We’re staying together for the children,” many couples now claim, “We’re staying together for the tax benefits.”  Also, there is usually a great deal of financial information that needs to be exchanged when an estranged couple is making decisions about property division, child support, and other issues that involve money.  Employment and tax information for the previous year will begin to be available at the end of January.  In relationships that are heading for divorce, it is not surprising to discover that one or both parties have not been completely forthcoming concerning finances.  The New Year brings evidence of earnings, bonuses, and investment dividends that may have been conveniently hidden until now.

Finally, do not underestimate the influence of the holidays themselves on a person’s state of mind.  Spending time with extended family can either remind someone of what is lacking in his own marriage or create additional stress in an already fragile marital relationship.  If you come from a home that Norman Rockwell could have used as a model for one of his paintings, you may wonder why your current home life cannot measure up. If visits to Mom and Dad usually end up with fists being thrown or the cops being called, such tension will exacerbate personal problems.  And, there is also the issue of the infamous holiday party at the office.  Infidelity is the number one reason for divorce any time of the year, but the alcohol that often accompanies end-of-year celebrations may increase the chance for inappropriate behavior.

In the state of Texas, there are approximately 100,000 divorces every year and half of these splits involve children who are under the age of eighteen.  Naturally, the people of our state are no more or less immune to the effect that the holidays can have on the marriage relationship than any other state in the union.  Therefore, divorce attorneys in Austin, Dallas, Houston, and elsewhere across the Lone Star State should expect their phones to be busier and their waiting room to be more crowded once 2010 arrives.  Once initial divorce papers are filed with the appropriate court, Texas law requires a sixty-day waiting period and this time frame is only possible if both parties agree to all terms.  If there are issues of contention, divorcing couples can expect the process to take a year or even longer.  So, it is possible that even though you begin a divorce proceeding in January with the intention of getting a fresh start with the New Year, you may still be engaged in disputes with your spouse when the next holiday season approaches.

If you are a resident of Texas and you are finding that the holidays are bringing serious marital discord to light and you need to start 2010 by taking the first steps in the divorce process, plan to contact an experienced attorney as soon as possible.  Emotions are often running high when a spouse files for divorce, and these feelings are intensified by the high expectations and conflicts that arise with the holidays.  A good lawyer can guide you through the difficult decisions that must be made with sensitivity and with the mindset of an advocate.  Do not start a life-changing year without the best counsel possible and find yourself wishing you had done things differently when 2011 approaches.

Austin Divorce Records

Austin Divorce Records – if you are looking to find Austin Divorce Records online, you need to read this article. Divorce records from every state, county and city in the United States are now available online. Start searching Austin Divorce Records now.

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It used to take weeks or even months to find divorce records, but new internet technology has made this process much easier. The best way of locating Austin Divorce Records is by using a divorce records website. You can search divorce records for free to see if the specific record you are looking for is available. You can then purchase the full divorce record for between $15 and $30. Using a divorce records website can save you dozens of hours of time and help you find accurate divorce information on residents of Austin. In this difficult economy, purchasing divorce records online is a terrific investment. Please click on the link below to visit my favorite divorce records website:

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Divorce records are maintained by federal, state and local governments. These records used to be kept only as physical files, but now all divorce records are also stored online. You can find out divorce information about anyone in Austin by visiting the link above and searching for that person by name. Please don’t waste your time relying on the government for this information – use a Austin Divorce Records website to help you find accurate results in minutes for a reasonable price. Thank you for reading this article – I hope you find the Austin Divorce Record that you are looking for.

Custody Rights of Fathers in Texas Divorce Cases

When a husband and wife make the decision that “until death do you part” can no longer apply to their relationship, there are so many emotional decisions that need to be made.  Who will move out and who will stay in the house?  How do we tell our families?   How will we be impacted financially?  Do we need a third party to help us work through the separation of our assets and debts?  When children are involved, all of these other questions become secondary to determining the best possible course of action for the kids, which Texas law calls the “best interest of the Child.”  No matter the current state of feelings by either adult party towards one another, it is beneficial to the family to continue as much as possible with an amicable parenting partnership.  This process begins when your lawyer files the Petition for Divorce (or Suit Affecting Parent-Child Relationship) and discussions take place among the parties (and the attorneys) concerning where the children will live and how visitation or conservatorship will occur.  In Texas, many fathers enter into these negotiations with the assumption that the mother will be favored by the court system.  However, recent decisions have shown that this is not necessarily the case.

The family courts in Texas encourage joint legal custody, also known as “joint managing conservatorship,” for divorcing parents, as long as such a situation would not impair the child’s health or emotional development. With joint custody or conservatorship, both parents are actively involved in the lives of their children, working together to make decisions concerning education, health issues, religion, discipline, etc.  The Texas family court system encourages parents to make their own custody arrangements, and usually will honor any amicable agreement that is reached by both parties if it is in the best interest of the children. 

However, there are legal guidelines in place in Texas if the mother and father need a third party to assist with the negotiations.  One parent is usually awarded sole physical custody, with the non-custodial parent receiving regular visitation.  Texas courts use the following criteria to decide which parent will be awarded physical custody; the health and safety of the child, the mental and physical health of the parents, the preference of the child if he or she is at least twelve years old, and any history of child abuse.  Please note that nowhere in the list of relevant factors in custody disputes is the phrase “parent is female.”

All you fathers need to read this closely.  In Texas, gender cannot be used as a consideration in determining who receives legal or physical custody of a child.  Texas adopted the Equal Rights Amendment in 1973 and, in doing so, asserted that during custody cases the court shall consider the qualifications of the respective parents without regard to the sex of the parent.  Additional legislation was added to the Texas Family Code in 1987 and stated: “It is the policy of this state to assure that children will have frequent and continuing contact with parents who have shown the ability to act in the best interest of the child and to encourage parents who share in the rights and responsibilities of raising their children after the parents have separated or dissolved their marriage.” These two laws are the cornerstones for assuring fathers that they will not be removed from the lives of their children upon the dissolution of a marriage.  

Many dads understand that the law clearly states that the gender of the parent cannot be used to determine custody, but still want to know what their realistic chances are to be awarded custody of their children.  In most instances and jurisdictions, the courts do still tend to favor the mother, particularly when the children are quite young.  However, the court will ask who has been the primary caretaker leading up to the divorce, with responsibilities such as putting the child to bed, going to the doctor, making dinner, and all of those other ongoing tasks.  If the father has proven to be the more nurturing and attentive parent during the marriage, the court may not hesitate to place the children with him.

One interesting case that may set an important precedent concerning the rights of fathers in custody battles is taking place right now in Texas.  Shawn McDonald is the birth father of a four-year-old boy who has lived with his adoptive parents, Travis and Sabra Hess, since birth.  This young boy resulted from a relationship that Mr. McDonald had with a woman named Samantha Myers.  The couple broke up before Ms. Myers even realized she was pregnant, and she decided to give up the baby for adoption.  Mr. McDonald has been engaged in legal battles for years, and just last month a new trial was ordered in his efforts to establish paternity and become the managing conservator, which means he would have physical custody of his son and the right to determine his son’s residency.  Shawn McDonald claims that the LDS Family Services group that facilitated the adoption kept him from his child and tried to force him to give up any prights.  All of these accusations will now play out in the same court in which the judge ruled against Shawn McDonald in the original trial. While this is not the traditional custody dispute that occurs between two parents who are divorcing, the deference that the court chooses to show to a father even though he has never had custody of his preschool-age son will be telling.

When a marriage ends, the decision to split is much more complicated than two people deciding not to live in the same house anymore.  Extended family members, mutual friends, and, most importantly, children are also affected.  While everyone’s life situation will necessarily change, steps can be taken to make sure that the children experience as little of the negative effects of the divorce as possible.  A generation ago, it would have been assumed that the mother would receive custody of her children and likely set many of the ground rules for her ex-husband’s involvement in their children’s lives.  However, the Texas courts today are recognizing that fathers deserve an equal opportunity at parenthood and the state of Texas is seeing more situations in which the father is given primary conservatorship.  If you are a father in Austin, Houston or San Antonio and you are going through a divorce and you want to seek custody of your kids, you should contact an experienced family law and divorce attorney who will help you present the best case possible.

 

Celebrity Divorce Proceedings Require Heightened Privacy, Sensitivity and Attention

Our American culture is one that has become obsessed with all things celebrity.  We often know more about the love lives and personal struggles of the top Hollywood movie stars, sports figures and athletes, and singers in our country than we do about members of our own families.  Moreover, all of this information can be gathered just from standing in line at the grocery store.  We have television programs—even entire networks—that are dedicated to tracking the day-to-day lives of celebrities and public figures.  For some reason, the interest from readers and viewers seems to be heightened when the celebrity or public figure is going through a rough period in his or her life.  Just think about the fascination with Britney Spears’ infamous meltdown during which she adopted a carefree hairstyle, did some damage with an umbrella, and lost custody of her children.  Those images were plastered everywhere.  Patrick Swayze is currently battling with courage against an aggressive form of pancreatic cancer, but the tabloids cannot wait to publish photos of him looking like his death is imminent.  What is it about us that create such a fascination with watching others fall?

One area of celebrity life in which the public interest is particularly peaked is the difficult decision that two people make to file for a divorce.  Every couple that decides to split faces difficult emotional and legal struggles.  Add to this a media spotlight that scrutinizes every detail of the divorce proceedings and a public that determines the probable cause for the animosity and the guilty parties and you have what can quickly become an unbearable situation for the participants.  Whether appropriate or not, there are countless high-profile celebrity divorces that have captivated our attention.  Elizabeth Taylor was one of the frontrunners in achieving the media spotlight on her many divorces.  More recently, we have gone through the sagas of Brad Pitt and Jennifer Aniston, Britney Spears and Kevin Federline, Paul McCartney and Heather Mills, and countless others.  Just rectnly, Mel Gibson and his wife of twenty-eight years have announced that they will be getting a divorce.  Web sites and talk shows are already buzzing about how this legal settlement will be the most expensive in celebrity divorce settlement history.  There always seems to be a new celebrity relationship ending in a volatile fashion to satisfy our appetites for gossip.

What often gets lost in these stories is the fact that two very real people, with emotions and feelings, are caught up in the circumstances.  There also may be innocent children involved who did not ask to be celebrities and now face the possibility of seeing their parents’ personal arguments splashed across the evening news.  Child custody and divorce attorneys who work with celebrities must be aware of the heightened need for privacy concerning all documentation that is printed and every conversation that takes place within office walls.  That is why it is so important to hire the right law firm.

The law firms that are representing each party in a celebrity divorce must be certain that confidentiality agreements are signed by all employees involved in the case, that shredders are handy and used often, and that computer files are secure from hackers and simply those in the office who have no business seeing sensitive material.  We all know how much money certain publications are willing to pay for a single piece of paper that may reveal an unsavory detail about a public figure or Hollywood celebrity.  And, once a celebrity divorce client leaves a divorce attorney’s office and heads into the courtroom, there are additional issues of privacy that must be addressed.  A lawyer who is working as the best possible advocate for his client will petition the family law court to close the proceedings to the public or seal the paperwork associated with a celebrity case.  If a complete sealing of the records is not permitted, efforts should be made at least to keep private the specific documents that could be damaging to a client’s reputation.  Whether fair or not, the public will take very painful episodes that occurred between two people and use this information against a celebrity even if his ability to excel in his chosen field has no connection to the allegations.  Even worse, the court of public opinion often will not wait to discover if the assertions made in filed court documents are true before rendering their own verdict. 

With this greater need for privacy concerning celebrity divorces in mind, there is an additional component to consider beyond the standard confidentiality that exists between every attorney and client.  The reality is that a celebrity’s public image or celebrity status is often crucial to his or her continued success on the ball field, stage, or in front of the camera.  Beyond simply reaching the best divorce settlement or result possible for the client, an attorney who is representing a celebrity during a divorce must handle the client’s image and how information concerning the legal proceedings is being distributed to the media.  The divorce lawyer representing the celebrity must suddenly adopt the additional role of public relations expert in maneuvering through this delicate environment. 

An estranged spouse with a grudge or a former employee who was privy to family secrets can be very dangerous to a celebrity who has carefully created a perception for the world to see.  On the other hand, personal assistants, agents, and managers who are happy with their celebrity employers and want to ensure that they continue to have success in their chosen fields are some of the best resources when building evidence in a divorce case. Who better to vouch for a celebrity client’s schedule and personal priorities than someone who helps to plan his every move?  Divorce lawyers must know how to work with these important witnesses to establish a sense of trust and confidence and then assist these representatives in molding a positive image of the client to news and other media outlets.  When working with a celebrity client, the divorce attorney role necessarily extends well beyond the courtroom or office setting. 

Law firms representing celebrity clients should have extensive experience handling the sensitive issues that are specific to celebrity divorces and child custody cases.  Such divorce lawyers must take extraordinary measures to maintain their clients’ privacy and work with them to craft that all-important good standing in the public eye.   Law firms representing celebrity clients should share the primary commitment to protecting their high-profile clients.  They should work as a legal team to ensure the uninterrupted protection that celebrities require.  This holds true from the moment a celebrity is assisted with a discreet entrance into our offices, through the negotiations that take place between all involved parties, and even after a settlement has been reached and signed.  When you combine this extra step with the dedication and aggressive representation that our provide to every client, regardless of whether or not his face is recognizable to the public, those who are experiencing the painful steps of the divorce process can have confidence that their case will be given thorough attention. 

Celebrities and others with large marital estates (most are multi-million dollar estates) who have a great deal at stake, both professionally and financially, should make certain that the attorneys they are hiring to guide them through a difficult divorce are prepared to take those extra steps that are needed in these unique circumstances. 

To learn more about the scope of our legal services in celebrity and child custody divorce cases, contact one of our knowledgeable experienced divorce attorneys at Bertolino LLP.  Our law firm maintains offices in Austin, Houston and San Antonio. http://www.belolaw.com

 

Austin Records – Austin Marriage & Divorce Records

Austin Records are now available online. If you are looking to find Austin Marriage Records or Austin Divorce Records, you need to read this article. Austin Records – Austin Marriage & Divorce Records:

Click Here to Search Austin Marriage Records Now

It used to be difficult and time consuming to search Austin Marriage Records, but the internet has made this task much easier. By clicking on the link above, you can search through thousands of Marriage Records from Austin for free in seconds. If your free preliminary search is successful, you can sign up for a membership to view an unlimited number of Austin Marriage Records for just $2.95 per month. In this difficult economy, that is an amazing deal. If you are looking for marriage record information from Austin, you need to click on the above link now! If you are looking for divorce records, use the link below instead:

Click Here to Search Austin Divorce Records Now

Divorce Records have always been difficult to find, but if you are looking for divorce information on any individual from Austin, the above link can help you find accurate Austin Divorce Records in seconds. Divorce Records are kept by federal, state and local governments and it used to take weeks to locate accurate divorce record information. However, by clicking on the link above, you can perform a free preliminary search of thousands of Austin Divorce Records in less than one minute. You can then choose to sign up and access unlimited divorce records for less than $3 per month, which is a terrific investment in today’s economy. Don’t wait – start searching Austin Divorce Records now!

MySpace, Facebook, GPS and other e-Discovery: Coming Soon to a Texas Divorce Proceeding Near You

Like many marriages that end in divorce in Texas, the dissolution of the union between Sarah and Mike Brown (names have been changed to protect the innocent) was not done under the most cordial of circumstances.  The Browns were married for seventeen years, owned an enviable home outside of Dallas, Texas, and were the proud parents of three school-aged children.  Mike had been growing noticeably more distant over the past couple of years and the ideal life they presented in public was a much different reality behind closed doors.  Sarah had a strong suspicion that her husband was having an affair and, being adept at searching her way through the newest pieces of technology, decided to check out Mike’s personal computer when he was out of town on business.  What Sarah Brown found on her husband’s computer hard drive was enough to make her call a divorce lawyer the next morning, and begin an emotional trial that tested the boundaries of the always-evolving legal world of electronic discovery.

Damaging discovery that an attorney can use against an opposing spouse party in a divorce action or child custody proceeding is no longer limited to a trace of lipstick left on a white-shirt collar or a mysterious credit card bill found during a quick rummage through a briefcase.  Today, sophisticated Texas divorce lawyers are more likely to present evidence that comes from cell phone records, Facebook comments, MySpace pages, deleted e-mails, and visits to web sites that were not quite as hidden as planned. 

If divorce clients make the mistake of engaging in behavior that is not conducive to a happy marriage, do not think that they are safe from exposure even while driving in their cars.  Texas divorce attorneys will tell you that even E-Z Pass toll records can be subpoenaed to prove that they were heading somewhere they had no business being.  In addition, a suspicious spouse can attach a Global Positioning System (GPS) device to the family car and later use these recorded routes against your client in court.  These days, the notion that every moment of one’s life is for the public eye does not just apply to celebrities and public figures. However, the attorney needs to be sure that the evidence collected is done in a way that does not violate Federal or State privacy laws.  What is the point of collecting every condemning email or text message if a Federal or Texas State judge decides the documents are inadmissible in court?  Does it matter if the proof of an affair was found on a work computer, a personal laptop, PDA, or a family computer that also is used by the teenage residents for history homework?

There is the dangerous misconception that activities, which take place online, are somehow harmless or at least not as consequential as the same decisions made in real-life.  Flirting with a woman on the computer is not the same as chatting with her in a bar, right?  With that said, you should be aware that social networking sites are taking steps to make sure that their content is accessible in legal situations.  Have you read the fine print before typing a comment to your “friend” on MySpace?  This web site and others like it state that, if legal standards are met, user information can be passed on to law enforcement agencies and legal teams involved in divorces.

Family law attorneys who are fighting a child custody battle also scour the internet looking for possible electronic discovery.  All that a lawyer needs to find is a few photos of a minor child smoking pot or drinking alcohol posted on a web site and charges of being an unfit parent can be substantiated.  Let the words of Dallas family attorney Mary Jo McCurley serve as a warning, “For a lawyer, it’s almost like a ‘ha’ moment. It’s kind of fun when you see something that you can use as evidence [against] the opposing party.”  Online activities are just as serious as those in the “real world” and, to the absolute delight of opposing legal counsel, electronic behavior is recorded and never, ever goes away. 

Lawmakers and courts at all levels of state and federal government have been scrambling to keep up with the ever-increasing series of questions that new technology brings.  What evidence can and should be admissible in court?  In what form or predicate should the attorney present the evidence?  When is the line protecting the right to privacy crossed?  Through amendments to the Federal Rules of Civil Procedure on December 1, 2006, Congress enacted the primary guidelines used to answer such questions and others on the federal level.  Through Rule 34(a), Congress added electronically stored information (ESI) as a category of discoverable information.  To ensure that this amendment maintained its relevance as new technologies are invented, ESI was defined to be “writings, drawings, graphs, charts, photographs, sound recordings, images, and other data or data compilations stored in any medium from which information can be obtained.”  By purposefully using the language, “in any medium,” in the future, the federal courts can require data from technology not even invented yet.  If you have had any difficulty keeping up with the new electronic devices that have come on the market in just the last five years (how many versions of the iPhone and Blackberry are there now?), you can understand why the federal lawmakers left such a wide open door.

The corresponding Federal Rule 34(b) measure, passed at the same time as Federal Rule 34(a), allows the requesting party to determine the form in which evidence is presented.  Maybe a paper printout is enough to meet your goals in a particular instance.  In other circumstances, you may decide that the electronic version must be produced in order to include all background and transmission information.  Often times, the full electronic record will be the preferred choice of attorneys and clients alike as a hard copy will not tell the complete story behind a piece of evidence.  Only with the information that is stored on a computer or other electronic device will you be able to extract the time at which a particular transaction occurred, any information deleted from the current text, or possibly the date and time at which an online correspondence occurred. 

In 2006, Texas was the first state in the country to amend its rules of procedure concerning electronic discovery, and one of only a few states to do so before the federal government made its changes.  With this foresight in establishing some guidelines prior to the procedure set by the federal government, Texas has been able to create a different level of responsibility for evidence than what was determined by federal legislation three years ago.  Ten years ago, in 1999, our state wrote the Texas Rules of Civil Procedure (TRCP) 196.4, which referred exclusively to electronic or magnetic data. This state law requires that the interested party must specifically request each type of electronic data and specify the form in which the interested party wants the data produced.  The responding party may state that the request for retrieval of particular data or information itself is not reasonable, or at least object to the form in which its presentation is requested.  If a Texas court orders that the electronic discovery must be made available, the requesting party is responsible for paying the costs to have the information prepared.  This detail, known as the “mandatory cost shifting position” is an important legal point for both clients and their attorneys to know.  With Rule196.4 at their disposal, opposing counsel will work to prove the requests to be unreasonable and you will be stuck with the cost of production.  The director of the Institute for the Advancement of the American Legal System, Rebecca Love Kourlis, has noted that before the prevalence of e-Discovery, five percent of divorce cases actually went to trial.  That number has fallen to two percent, mostly because the plaintiff fears the costs that would be associated with gathering e-Discovery evidence.

If you are a family law attorney who is assisting a client through emotional and difficult legal circumstances, I encourage you to be as creative as possible when determining possible requests for electronic discovery.  The most effective and proactive participants in divorce proceedings will test the boundaries in this still-uncertain area of law.  Some divorce lawyers have even hired investigators with digital forensic tools to do some electronic snooping for their clients.  Chances are, if the suspicion is strong, the electronic evidence will be found.  As Gateano Ferro, president of the American Academy of Matrimonial Lawyers, shared in an interview, “In just about every case now, to some extent, there is some electronic evidence.  It has completely changed our (legal) field.”  Just ask former Detroit mayor Kwame Kilpatrick how damaging a flirtatious chat on a Blackberry can be to one’s marriage and professional standing.  All financial records certainly should be on the table—items as small as romantic dinners and payment for hotel rooms to a larger issue like entire accounts that were kept secret may have relevance in establishing a divorce settlement.  You should request every text message ever sent on a cell phone.  If or until the courts decide that messages sent to an individual’s Facebook page cannot be accessed due to a violation of our privacy laws, get a copy of every word typed!  Does your spouse have an online calendar program, such as those offered through Google or Microsoft Outlook, which lists daily appointments?  If this site shows that he was supposed to be at little Johnny’s baseball game at 4:00 pm but you have witnesses to prove otherwise, you can make the case that your spouse has priorities other than his children.   Of course, in light of the Texas law detailed earlier, make sure you have constructed convincing arguments that all of the material you need is reasonable in both its content and requested format.                 

When it comes to electronic discovery and the Texas legal system, there are still many more questions than established areas of agreement.  Divorce attorneys, when they search for case law to be used as binding or persuasive precedent concerning admissibility of electronic evidence, find only a short list of documents to review.  And, with new technology emerging every day that is capable of storing financial records, personal conversations, and searches of web sites that are far from G-rated, family law judges can expect that every new estranged couple that comes before them in a courtroom brings the possibility of unchartered territory concerning evidence and what rightfully belongs on the public record.  While the general statutes for the submission of electronic discovery have been written on both the federal and state level, the intentionally broad language included in the amendments will mean that difficult judgment calls should be expected for some time to come.  Only time will tell how our judicial system decides to weigh an individual’s right to privacy versus the right of an accuser to have all possible evidence at his or her disposal.    

When the issues are as emotionally difficult as those that often surround divorce and child custody cases, legal counsel that can guide a client through the process is even more crucial.  Electronic discovery is now playing a critical role in more than 75% of divorce cases and, with new ways of hiding and revealing secrets developing all the time, an attorney versed in electronic discovery may very well have the opportunity to break new ground in the courtroom.  In ten years, the case law and precedents surrounding electronic discovery will likely be well established by the courts.  For now, however, this subject is certainly the “Wild West” of the legal arena.  So warn your clients to be mindful of their text messages, their Facebook friends, and their online banking records.  Better yet, tell them to be more mindful of maintaining a strong marriage so that there is never a need for an attorney to subpoena their hard drive in the first place. http://www.belolaw.com

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