It’s no secret that text messaging has drastically changed the way we communicate with one another over the past few decades. Not only can you easily stay in touch with loved ones worldwide, but you can get updates instantaneously with the push of a button. However, it’s imperative to understand that texting can have impacts on your life, especially if you are going through a divorce. Unfortunately, many are unaware that their texts can be used as evidence in divorce court. As such, the following blog explores what you should know about these complicated matters, including the importance of working with an experienced Nassau County divorce lawyer to assist you through these difficult times.
Can Text Messages Be Used as Evidence During a Divorce?
It’s imperative to understand that, in most instances, text messages can be submitted as evidence during a divorce. This is because they are considered written evidence, just like an email or a letter received in the mail.
However, it’s necessary to understand that the texts must be deemed admissible. First and foremost, this entails verifying how the messages were obtained is critical. If you hack into your spouse’s device or coerce them into turning over their phone so you can get the messages, they will likely be deemed inadmissable because they were not obtained through lawful means. Additionally, you must be able to verify the authenticity of the texts by showing that they were sent by your spouse.
Next, it’s important to understand that the texts must be considered relevant to the matters of your divorce. For example, if you are looking to obtain full custody, texts from your child or spouse regarding their behavior and neglect would likely be deemed relevant. If you are fighting for alimony or property division, messages regarding affairs, hidden assets, or threats could also impact the outcome of the case.
How Can I Protect Myself When Texting?
Generally, it’s always best practice to avoid putting anything you would not want held against you in court in writing, even if you are texting trusted friends and family. You should also avoid including any jokes about your divorce.
Additionally, it’s generally recommended to avoid sending texts to your spouse regarding sensitive topics of your divorce, like finances or alleged wrongdoing. If you must have these conversations, it’s in your best interest to hold them in person with both of your attorneys present.
Finally, if you must text your spouse, especially regarding matters like child care, it’s critical to ensure you keep a polite and professional tone. Avoid growing agitated or frustrated, and do not acknowledge any attempts they may make to annoy or provoke you.
As you can see, navigating a divorce in this digital age can be incredibly difficult. That is why it’s in your best interest to connect with an experienced attorney with the Law Offices of Jay D. Raxenberg, P.C. Our team is committed to helping you fight for the best possible outcome for your unique situation. Contact us today to learn more.
