Question:  I have a divorce question that I need answered and I saw your blog.  I guess you could call me a soccer mom.  My husband and I live in Woodstock and we have 3 children.  We would always try to have a date night at least once a month.  We would like to go to a movie at a theater in Alpharetta or Cumming or sometimes we'd go to Atlanta to see a show or a concert and have dinner.  We would go to a place like The Vortex, Bones, or Restaurant Eugene.

I remember a waitress being really friendly with my husband.  They both went to Georgia Tech and they spent a long time talking about engineering and how to best get a job here in Atlanta.  I didn't think anything of it because my husband is usually pretty friendly.  But the other day I was on our home computer and I noticed that the waitress sent him some very revealing selfies.  I mean very revealing because she is not wearing anything at all except socks.  When I confronted my husband he was shocked that I knew anything.  He came up with the excuse that that's how engineers look for jobs.  I don't believe him.  He has demanded the pictures back but I forwarded them to my personal email account.

Now I want a divorce.  Do I have to destroy the pictures?  What should I do?

Answer:  You should keep the selfies as evidence of infidelity. In Georgia, adultery is having sexual relations with a person who is not your spouse.  The photographs sound like they could be compelling evidence to prove his extramarital relationship.  They might be valuable in negotiations, mediation and at trial.  Adultery can be a very serious issue in divorce cases.

As divorce and family layers we are seeing more and more examples of incriminating evidence being found by spouses on email, texts and various forms of social media.  Please call us directly and we can discuss your case in greater detail.

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