Can Text Messages Be Used as Evidence in Divorce Court?

Text messaging has undoubtedly changed how we communicate with one another, as we can now check in with friends and family around the world at the push of a button. However, while this can be a great way to stay in contact, text messages could potentially impact the outcome of your divorce. As such, if you are in the midst of filing for divorce, understanding how your texts can be used as evidence is critical. The following blog explores these matters in further detail, as well as the importance of working with a Morris County divorce lawyer to help protect your best interests during these difficult matters.

Are Text Messages Admissible in Divorce Court?

Generally, text messages are considered admissible as evidence in divorce court, as they constitute written communication similar to an email or letter. However, due to the nature of texts, there are certain elements that must be examined before the court can consider it as evidence.

First and foremost, the authenticity of the messages must be examined to ensure that the evidence is legitimate. Unfortunately, it can be easy to fake text messages, so the court must be shown evidence that the texts are from the parties involved. Next, the context of the conversation must be considered, as it is incredibly common for a singular message to be taken out of context and manipulated.  Finally, the context of the text must be related to the issue at hand. Generally, this can relate to hidden assets, marital waste, affairs, child custody, or even abuse.

You must also note that the texts must have been obtained through legal means. If you hack into your spouse’s phone or manipulate them to give you access can result in the messages can be deemed inadmissible.

How Can I Protect Myself While Texting?

When going through a divorce, ensuring you take steps to protect yourself from having text messages used against you in court is critical in the fight for the best possible outcome. Generally, you should assume that all messages sent could be read aloud in court, so it is imperative to think twice before pressing send.

You should avoid discussing sensitive topics about your divorce, such as alimony, property division, or child custody arrangements, with your spouse over text. If you must have a conversation about these issues, it should be held in person with your attorney present.

Additionally, if you must text your spouse regarding child care or pickup times, it’s important to ensure you keep the conversation as polite as possible. Do not react to any attempts by your spouse to upset you, as this can be used against you in court.

Navigating a divorce can be an incredibly overwhelming and complicated matter. That is why it is imperative to connect with an experienced attorney with Haber Silver Russoniello & Dunn. Our team will do everything possible to assist you through these complex times to help you in the fight for the best possible outcome. Contact us today to learn more.