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The Law Office of Lisa A. Vance, P.C.

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We are now accepting clients statewide in Texas.

WE ARE WORKING!

As the situation with COVID-19 continues to develop and evolve, the safety, health and well-being of our clients and our team is extremely important to us. We are watching for the guidance of the Centers for Disease Control and international medical experts to learn how we can best manage our facility and our clients.

We would like to reassure you that The Law Office of Lisa A. Vance, P.C. will continue to be available to provide services to all of our clients.

Our lawyers and paralegals are working in the office and electronically, although most of us are working from home. Below is a list of FAQs regarding our response and commitment to you during COVID-19.

Can I even have a consultation with my lawyer remotely?

Yes, The Office of Lisa A. Vance, P.C. has a comprehensive remote working capability and all of our lawyers and paralegals are equipped to work securely from home.

Will my lawyer be available to answer questions and work on my case?

Yes, your legal matters will continue to receive our attention. You can email, call, or videoconference with your lawyer during this time.

We also have multiple videoconferencing options; please contact your attorney for the platform that works best for you

How are court hearings and appointments affected?

Court in Bexar County are now conducted by Zoom Please see our blog article Court via Zoom: It’s Actually, Really Court (and Here’s How It Works)

Can I consult with a lawyer about a new family law or divorce matter?

Yes, we have office staff working in house and remotely to ensure continuity in our business. For information about a family law or divorce matter, please call our office or complete the Request a Consultation Form.

Your family law matters remain our top concern and we are not going to permit this pandemic to take priority over your needs. We will remain confident, alert and prepared.

We wish you and your family well as we work through this difficult situation together.

With warm regards,
Lisa A Vance

 

 

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Can I read my spouse’s email and then use it in a divorce case?

| Jul 27, 2018 | Divorce, E-mail And Divorce |

We live in an age in which most of us communicate electronically, sometimes much more than we communicate face to face. Emails and texts can be revisited and reviewed after the fact, and for people who are preparing to get divorced, that can be a very tempting prospect – especially if there’s a secret being kept in electronic communication.

If a person getting divorced suspects his or her spouse of infidelity, or of hiding some other indiscretion, he or she might think that investigating it, to perhaps have something tangible to bring to court, might be the best idea.

But it’s against both state and Federal law to look through someone’s email or text messages without their consent, even if you’re that person’s spouse. It could easily backfire to try to bring in a spouse’s email to try to prove infidelity, and as your lawyer in that situation, I wouldn’t want to take that risk.

There is the question, however, as to emails or texts that are happened upon through a shared device. Let’s say that a couple shares a computer, and the husband leaves his email browser up for his wife to discover. In that instance, it’s a case of “fruit from the poisonous tree” – it will wholly be up to the judge’s discretion as to whether that will be admissible should it be introduced. The judge might find it legitimate evidence, or might say “shame on you” to the party who brought it before the court.

There was a famous case in 2015 involving rock music couple Gwen Stefani and Gavin Rossdale. Rossdale was allegedly having an affair with the nanny they hired to look after their children. According to a magazine report, it came to light because incriminating texts between Rossdale and the nanny showed up – via the magic of Apple sharing texts to multiple devices – on the family’s iPad. If something like that happened, it would still fall under the “fruit from the poisonous tree” category.

Once you enter the divorce process, you should definitely change account passwords and should not share electronic devices – even if you have nothing to hide. Even the most innocent items could be twisted to appear incriminating. You certainly don’t want your spouse mining your email account or phone for any information at all – what your spouse needs to know should be voluntarily disclosed or, if necessary, revealed through the discovery process.

It’s also a good idea to comb through your social media accounts before you start the divorce process. Anything that might be perceived to work against you – no matter how petty it might be seem – should be made private if not outright deleted. After all, while personal emails can’t be used in court, social media accounts available for public view certainly can.

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