Cryptocurrency and Family Law: The Basics (Part 1)

Cryptocurrencies like Bitcoin and Ethereum are not going away any time soon.  Both have been sanctioned by the United States government, and millions of people within our country utilize these electronic currencies every day in a variety of ways.  Some use them as vehicles for investment, some use them to trade goods and services, and others use them as sources of income. This article is the first of an in depth series, which will explain: (1) what cryptocurrencies are, (2) how they can be traced or discovered, and (3) how they can be used to hide assets in a divorce or child support case.

What is a Cryptocurrency?

In the most basic terms, a cryptocurrency unit consists of two-character lines of code (“addresses”) (usually 26-35 characters long for Bitcoin). One address to send and one address to receive. The public address is the receiving code, and acts like a wallet. The private address is the sending code, and acts like a coin. The coin is moved from one wallet to another, and when it is received in the new wallet, it transforms, gaining a new private address, similar to providing it with a password so the sender can’t reverse the charge. An example of this transmission is as follows:

The seller starts with 0.5 Bitcoin, with the private address (coin) of 1xIXXX, held within his public address (wallet) 3FKXXX.  Everyone in the world can see that seller has 0.5 Bitcoin in his public address, but nobody besides seller knows the private address.  Buyer, whose public address (wallet) is 1ThXXX, seeks to purchase 0.5 Bitcoin.  Buyer puts fiat currency (such as the United States Dollar) into an exchange that holds his fiat in escrow.  Buyer then submits a purchase request on the exchange (or privately).  Seller, seeing the purchase order, places his private address (coin) into that same escrow account on the exchange, and the exchange transfers the private address from seller to buyer, and the fiat from buyer to seller.  However, now that the seller and buyer both know the private address, the cryptocurrency system (blockchain) converts the old private address to a new private address.  If the address stayed the same, the seller could technically rescind the sale, and take the 0.5 bitcoin back, and keep the fiat.  For this reason, private addresses are strictly confidential. Once a person has it, they can take it from you and you cannot get it back because when it lands in the thief’s public address, it has a brand new private address. A party should not disclose the private address under any circumstances.  An example of a theft would be when a thief visually see’s a victim’s private address, writes it down, enters it into a transfer program manually, and sends the code to the thief’s public address (wallet).  The private address is then converted into a new code, unknown to victim, and victim has no idea who the owner of the public address the coin was transferred to (the anonymous thief).  How the thief cashes out is a topic for another article.

As demonstrated above, a public address is used to receive funds from anyone. It stays the same after funds are transferred. You can always send funds to any public addresses, they are not deleted, and can always receive funds.  Sometimes they transform, which will be discussed in part two of this series, which addresses the complexities inherit to tracing cryptocurrencies.

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Photo of Michelle O'Neil Michelle O'Neil

Michelle May O’Neil has 30+ years’ experience representing small business owners, professionals, and individuals in litigation related to family law matters such as divorce, child custody, and complex property division. Described by one lawyer as “a lethal combination of sweet-and-salty”, Ms. O’Neil exudes…

Michelle May O’Neil has 30+ years’ experience representing small business owners, professionals, and individuals in litigation related to family law matters such as divorce, child custody, and complex property division. Described by one lawyer as “a lethal combination of sweet-and-salty”, Ms. O’Neil exudes genuine compassion for her client’s difficulties, yet she can be relentless when in pursuit of a client’s goals. One judge said of Ms. O’Neil, “She cannot be out-gunned, out-briefed, or out-lawyered!”

Family Law Specialist

Ms. O’Neil became a board-certified family law specialist by the Texas Board of Legal Specialization in 1997 and has maintained her certification since that time. While representing clients in litigation before the trial court is an important part of her practice, Ms. O’Neil also handles appellate matters in the trial court, courts of appeals and Texas Supreme Court. Lawyers frequently consult with Ms. O’Neil on their litigation cases about specialized legal issues requiring particularized attention both at the trial court and appellate levels. This gives her a unique perspective and depth of perception that benefits both her litigation and appellate clients.

Top Lawyers in Texas and America

Ms. O’Neil has been named to the list of Texas SuperLawyers for many years, a peer-voted honor given to only about 5% of the lawyers in the state of Texas. Ms. O’Neil received the special honor of being named by Texas SuperLawyers as one of the Top 50 Women Lawyers in Texas, Top 100 Lawyers in Texas, and Top 100 Lawyers in DFW for multiple years. She was named one of the Best Lawyers in America and received an “A-V” peer review rating by Martindale-Hubbell Legal Directories for the highest quality legal ability and ethical standards.

Author and Speaker

A noted author, Ms. O’Neil released her second book Basics of Texas Divorce Law in November 2010, with a second edition released in 2013, and a third edition expected in 2015.  Her first book, All About Texas Law and Kids, was published in September 2009 by Texas Lawyer Press. In 2012, Ms. O’Neil co-authored the booklets What You Need To Know About Common Law Marriage In Texas and Social Study Evaluations.  The State Bar of Texas and other providers of continuing education for attorneys frequently enlist Ms. O’Neil to provide instruction to attorneys on topics of her expertise in the family law arena.