It’s now common for a potential client to show texts or email exchanges or facebook posts during a consultation.  I commonly ask clients in preparing for hearings and trial what digital information might be out there that would assist in getting the Judge a good picture of what is really happening. For example (1) texts to the kids can show whether a parent is actually supportive of the other parent’s relationship with them or not; (2) if you need to be looking for a job for self support, your phone could show you spending the whole day searching non job related websites; and (3) Facebook posts may show what is actually going on in someone’s life vs. what they are telling the court.

So what to do with your smartphone? From your lawyer’s perspective, assume anything you text, email, blog, or post could be read by a judge in your case.

1. Create Rituals. Married couples who celebrated religious holiday traditions together were happier in their marriages.
2. Be a Daredevil. When couples pursue exciting activities together, they have more overall marital satisfaction.
3. Sleep Well Together. Men who slept better at night were more likely to feel positive about their relationship the following day.
4. Support Each Other. Research shows that when a spouse feels supported even in daily obligations, he or she is significantly happier in marriage.
5. Build Your Career.  In dual carer marriages, couples who enjoyed their working lifestyles were happier in their marriages, even if they had to work long hours.

In our Oregon divorce and family law practice, we see social media come up in cases with increasing frequency. People freely post personal information online that they might be reluctant to give up as part of a deposition. One case involved an online dating site where a party had posted income information, and was then dismayed to see it at the child support hearing. Our suggestion is make sure your privacy settings are such that you aren’t giving away information that you wouldn’t want to freely disclose in your court case. Better yet, don’t disclose personal information that could affect your case, because the records could be obtained by court order.

Using the software allows us to both provide a detailed and visual example of what is really happening to a family’s finances.  This is helpful to the client in that it provides a clear way to understand what is happening in the case both in the short term and over time.  In the short term, working with the client and thr program we can fine tune how the division of assets can be made in teh best way for our client.  In the long term, they can see how the division and the payment or receipt of support will affect their financial picture.  The program’s data can be used by a financial specialist for both testimony purposes and to help a client with financial planning.  Lastly, and importantly, the data can provide the court with a very clear understanding of our client’s position on the issues.  It is rare for opposing counsel to use comparable charts and the ease of access to the information can help to sway the court towards our client’s position.

Stephens Margolin PC is committed to the use of technology to assist our client’s in all factes of their case.  Please contact the firm to find out how we can use Family Law Software to benefit you.

The following is the casting call notice and contact information:

MTV’s documentary series, “True Life,” is casting young people who are going through or affected by a divorce

Are you in the process of getting divorced, or considering getting a divorce? Do you feel like you married too young, and just can’t make it work anymore? Is your  marriage taking an emotional toll on your home, work and social life? Do you feel like people in your life – friends, family members, your children – must take sides in your marital war? Is the chaos just too much to bear anymore? Or is your parents’ pending divorce forcing you to choose sides? Is one of your parents moving far away, and taking you along? Do you feel like their divorce is somehow your fault… or that it’s basically ruining your life? If divorce is affecting your life right now, MTV wants to hear from you. If you appear to be between the ages of 16 and 28 email us at divorce@mtvn.comwith all the details. Please be sure to include your name, location, phone number and a current photo, if possible. 

“Since its initial episode in 1998, MTV’s award-winning True Life documentary series has told remarkable real-life stories of young people and the unusual subcultures they inhabit. Whether documenting the lives of gay marriage activists, individuals dealing with obesity, or teens in high school–the True Life series tells its stories solely from the varied voices and points-of-view of its characters–putting the series in the unique position of reflecting the state of youth culture at any given moment.”

- MTV’s True Life website

http://www.mtv.com/ontv/dyn/truelife/series.jhtml

Client’s ask me all the time about taping conversations and other forms of snooping in the opposing party’s life.  There are legal and illegal methods for doing so.  For instance, taping a phone call between yourself and your ex-wife without her consent is a misdemeanor in Oregon. 

The laws in Oregon regarding wiretapping are as follows:

Or. Rev. Stat. §§ 165.535, 165.540: It is illegal to obtain or divulge a telecommunication or radio communication, unless one is a party or has obtained consent from at least one party to the conversation. It is illegal to obtain or divulge an oral communication unless all parties to the communication are informed that their conversation is being obtained. Certain enumerated exceptions apply. Violations are punishable by a maximum sentence of $5000 or one year in jail.

Or. Rev. Stat. § 165.543: It is also a misdemeanor to intercept a wire or oral communication where one is not a party to the communication, and none of the parties to the communication have consented.

Under the statute, consent is not required for the taping of a non-electronic communication uttered by a person who does not have a reasonable expectation of privacy in that communication. See definition of “oral communication,” Or. Rev. Stat. § 133.721.

The state’s highest court ruled in1996 that interception, without consent of any of the parties, of the radio portion of a cordless telephone call through use of a police “scanner” is illegal under Oregon’s wiretapping laws. Oregon v. Carston, 913 P.2d 709 (Or. 1996).

Using a hidden camera to record another person “in a state of nudity” without consent when the person has a reasonable expectation of personal privacy is a misdemeanor. Or. Rev. Stat. § 163.700.

Before taking any action like this, it is best to consult an attorney to find out whether the evidence you gained would be admissible in court, whether the method of gaining that evidence is legal, and how such behavior could affect your case, either negatively or positively.

Many of our clients report that they have emotionally richer and longer communications with children when they video conference rather than just call. We recommend the use of a web cam and free video conferencing to clients with long distance parenting issues. A well drafted parenting plan should address the use of free video conferencing, include the right to use and the obligation to facilitate electronic communication (e.g. maintain Internet, a working camera, etc.) The feedback we get from our clients using web cams for videoconferencing has been overwhelmingly positive. If you travel for work, or do not live close to your children, talk to your lawyer about putting video conferencing language in your parenting plan.

Local courts will usually approve a substitute class if a party cannot take the local parenting class because of distance or travel schedule. One good solution we found is an on-line parenting class offered through “Positive Parenting Through Divorce.” The website offers an on-line class that, with court permission, can substitute for the local parenting class requirement. The class was developed by Dr. Paul Maione, Ph.D., LMFT. The cost is $60, and a certificate of completion is mailed or faxed out within 1 business day of completion. Our out of state clients report good experiences and fast turnaround with the program.