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Using text messages in divorce court

| Nov 4, 2019 | Uncategorized |

A lot of people tend to disassociate what they put on their phone with the real world. However, the things you text and post on social media can have a profound impact on the real world, especially as you head into divorce proceedings

Text messages can function as crucial pieces of evidence to a judge. Your spouse may send you threatening text messages, and you need to retain records of everything your partner sends you. In fact, you need to start preserving texts from the moment you suspect you will file for divorce in the future. If you have texts that you want to bring to a judge’s attention, then here are a few items to bear in mind. 

Print texts properly

A major component of text messages is that you know precisely when your spouse said something to you. However, you need to be aware of how best to communicate this information. When the text still reads “Today,” it will not help you in court months later. You need to wait until you have the exact date and time appear on the screen. Screenshots are not great in this endeavor as it can be difficult to prove a single conversation thread. You should download a computer program or app that allows you to print out an entire chain so that everything is there clear as day. 

Do not omit anything

You can bring text messages to the court’s attention, but so can your spouse. You may want to omit a certain statement because you think it is irrelevant. However, in court, your spouse can prove that you deleted something. Even if it is inconsequential, it still makes you look guilty. Additionally, if you sent texts to your spouse that could come back to haunt you, it is critical to be upfront with your attorney as soon as you can. You can begin to build a case around those messages to try to minimize the damage.