Family Law Questions? Ask a Family Lawyer Online.
Hello and thank you for using our service. My name is XXXXX XXXXX I am a licensed attorney and will try my best to help you. I just ask for two things: 1) Before you sign off, please remember to rate me positively as that is the only way that I am paid and your question does not close after you rate me so I can still answer additional questions without additional charge if you have follow-ups even weeks or months later; and, 2) IF I have bad news for you, please remember I am only the messenger. When you rate me, it is my service to you that you rate, not whether the news is good or bad. I will try my best to give you a solution, but sometimes the law does not have a good one.
Are you still residing together in the same house?
whose computer did you use to delete the accounts?
How did you get access to the account, or have you always had access?
not residing together
my work computer
we had the account on a shared home computer and I knew the password, because I use to check her emails and it was the only email account we had before I got an gmail account back in july of 2009
Yes we were married at the time, she was aware then, but she most likely forgot I remembered the password...it was easy it was our daughters name and her age when we set up the account.
You present a novel question. Unless there was a court order prohibiting you from deleting information from her account, there is no basis to punish you in this regard. For example, temporary orders are issued in a divorce prohibiting the parties from selling assets or changing insurance information, etc.
The other issue is that technically this was a marital account, since it was established during the marriage and you both used it and had access to it. At worst you may get a slap on the wrist and stern warning by the judge if she takes this to court. It would be interesting to see an issue like this go to court because the argument could be made, successfully I think, that it is marital property and until the court awarded the account to your soon to be ex, either party still had the right to access the account in whatever manner they chose. Furthermore, she should have changed the password XXXXX she did not want you to have future access to the account.
Obviously, you should not engage in this type of behavior again but unless it was real property or financial property I do not think there is much recourse that she will be able to pursue against you especially with the history of the account as being joint at one point and being accessed by you throughout the relationship with her knowledge. I hope this helps clarify.
Please let me know if you have additional questions and please do not forget to rate my service to you (not the state of the law) as that is the only way that I can get credit for my assistance to you. Even after you rate the service, I can still answer additional questions for you without additional charge. If you do rate me positively, a bonus is always appreciated. If you would like to request me in the future, just make sure you type: FOR GEORGETOWN LAWYER on the subject line. Thank you!
DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.
The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).