E-Mail, Online Accounts and Divorce

If you are going through a divorce, you surely do not want your estranged spouse knowing what you are thinking about the divorce, where you are going away for the weekend, how you are spending your money or what you are telling your lawyer. But, incredibly, many people going through a divorce know all this information and even more about their spouse. How? Husbands and wives are accessing their spouse's e-mail accounts and reading their incoming and outgoing e-mail, including what should be privileged and confidential communications with their lawyers.

How does this happen? It is incredibly easy. Most husband and wives know their partner's passwords for online e-mail, credit card and bank accounts and can tap into a treasure trove of information about their soon to be ex with a few taps on the keyboard. Most divorce lawyers can tell some pretty amazing stories about what their clients have discovered in their spouse's e-mail.

Is accessing an estranged spouse's e-mail legal? It may all depend upon the circumstances, but, in ordinary cases, it is unlikely that someone will be charged with a crime for doing it in Maryland. (In Michigan, a trial is currently set for a man who accessed his wife's e-mail account without her permission, but it is unlikely that, even if he is convicted, the case will lead to a groundswell of criminal prosecutions for this crime.)

Want to prevent your estranged spouse from accessing your e-mail account and reading your e-mail? The remedy is simple. CHANGE YOUR PASSWORD. In fact, change all your passwords for important online accounts, including all e-mail accounts, banks and financial institutions, social networking sites, including Facebook, and access to your work computer. When changing your passwords, make sure your new passwords are complex, secure and cannot be easily figured out by your spouse. Random passwords are key.

You should also make sure that you do not use a home computer to communicate with your attorney, paramour or discuss your pending divorce with third parties. Through the use of tracking software, it may be possible for your spouse to access these communications. An argument could also be made that you had no expectation of privacy if you transmitted this information using a shared family computer and, as a result, information stored on or obtained from that computer could possibly be used by your spouse in a divorce proceeding.

Notwithstanding the perceived potential benefits, I advise all my clients NOT to access their spouse's e-mail or other online accounts without their permission. Doing so could possibly result in criminal sanctions and, from a practical standpoint, the information obtained from the e-mail search would likely be inadmissible in Court. I, in fact, refuse to accept such materials from my clients if I believe they were wrongfully obtained.

Remember, however, that any e-mails you send could make their way to your estranged spouse's inbox in a legitimate manner. The "friend" you communicate or share some dirt with may not be as close to you as you think or may decide they, in turn, want to share the information with your spouse.

The important thing to remember is that material information regarding you and your life may be easily accessible online and shared with your estranged spouse. Protecting your private information is key during divorce litigation.

CHILD CUSTODY ISSUES WHEN A PARENT LEAVES THE STATE

Oftentimes, following a decision in a custody case, the parent with custody will seek to move out-of-state with the children. Such a move, of course, raises a big issue for the non-custodial parent as the move may significantly hinder or restrict their ability to see their children. What was weekly visitation may be transformed to sporadic visitation over school holidays and a move out of state may dramatically alter the relationship of the non-custodial parent with his or her children.

Effective October 1, 2009, the Maryland legislature amended Family Law Article section 9-106 to provide that a Court may include in a custody or visitation order a provision requiring the custodial parent to provide the non-custodial parent with 90 days notice if they intend to relocate with the minor children out-of-state. Prior law required only 45 days notice.

The out-of-state move constiutes a "change in circumstances" and allows the non-custodial parent to seek a change in custody by filing a petition to modify custody with the Court. Basically, after the filing of such a petition, the Court will re-examine the issue of custody and determine whether it is in the children's best interests to relocate with the custodial parent. If the Court finds that relocation is not in their best interests, it can order a change in custody which essentially prevents the custodial parent from leaving Maryland with the children. Stability in the children's lives is an important factor which the Court considers in relocation cases. Readers interested in this issue should review the case of Domingues v. Johnson, 323 Md. 486 (1991) and Braun v. Headley, 131 Md. App. 588 (1999).


If you have a child custody relocation issue, please feel free to call my offices for a free consultation regarding this issue. My office number is (301) 519-1505.

Can You Live in the Same House and Still Get Divorced?

One of the most common questions I receive from persons interested in getting a divorce on the ground of "voluntary separation" is whether they can reside in the same house as their spouse during the required 12 month separation period if they do not sleep in the same bedroom or if they live in different parts of the house.

The answer to this question is "No." To satisfy the statutory requirements for voluntary separation under Maryland law, a husband and wife must be living separate and apart from each other for more than 12 months. This means that they cannot be living under the same roof during this period and each must maintain separate households. Simply not sharing a bedroom or living in different parts of the house do not satisfy the statutory requirement for divorce.

For more information about Divorce in Maryland, visit www.sternlegal.com or call Stern & Associates at (301) 519-1505 to schedule a confidential, initial consultation to discuss the specifics of your case.

Maryland Child Support Guidelines Changed

Effective October 1, 2007, the Maryland Child Support Guidelines were revised to change how health care premium payments are weighted under the guidelines. The practical effect of the change is that the parent who pays the premium will receive a greater credit for the amount they pay for their children's health insurance coverage than they did prior to the revision. For more information on the guidelines and how this change may affect you, contact the attorneys of Stern & Associates at (301) 519-1505.