By Robin Roshkind, Esquire, West Palm Beach, Florida
Did you ever notice how messaging on your IPHONE works? Generally, outsiders cannot have access to information on your iphone unless you a passcode is entered. But if a text message is sent to your phone, that message appears right on the top of the phone, and for all the world to see.
So if you are getting sexting messages, or carrying on any kind of relationship outside the marriage, it will be obvious to your spouse when you run into the store to get a carton of milk, take a shower, walks the dog or otherwise leave the phone temporarily and inadvertently in the “care” of your spouse when at the same time a sexting message just happens to come in.
Yes, the proverbial cat will be out of the bag. What does this mean? Your spouse will now have at least some facts and evidence against you and will take depositions to learn if any marital monies have been spent on this sexting partner of yours. That legal principle is called ‘dissipation of marital assets’.
Potentially, the sexting gave it away. Where marital funds are spent on a romance outside of the marriage, if the monies are substantial, you may have to give one half of those monies back to your spouse in any divorce settlement or adjudication by the court. Be forewarned and be aware. The moral of the story: there is no privacy in divorce court or on your iphone. For more information about this or other divorce topics, call one of the divorce lawyers at ROBIN ROSHKIND, P.A. at 561 835 9091 or click on the Firm’s web site at http://www.familylawwpb.com.