While texting is an incredibly efficient way to stay in contact with your loved ones, it’s no secret that it can lead to some issues. Whether you accidentally text the wrong person or suffer a detrimental autocorrect typo, this platform can do as much harm as good. However, the last thing you may anticipate is for text messages to impact the outcome of your divorce! If you’re unsure whether or not texts can be used against you in court, you’ll want to keep reading. The following blog explores what you should know about these issues and the importance of working with a Somerset County divorce attorney to help you through this process to protect your best interests.
Can Text Messages Be Used in Court as Evidence?
In many instances, text messages exchanged between you and your spouse or you and another person can be used as evidence during your divorce. This is because they are considered a recorded form of communication, just like emails or letters. As such, they can have a considerable impact on the outcome of your case.
However, it’s important to understand that certain factors must be met to determine the admissibility of these messages. In general, the texts must be obtained through legal means. As such, you cannot hack into your spouse’s phone or coerce them into handing over their device, as this can result in the messages being inadmissible. Additionally, the text messages must be deemed relevant to the case, and it must be determined that the texts are from the parties you claim they are from.
You may want to utilize text messages for a number of reasons, whether it be to show that your spouse is hiding assets from the court or because they are having an affair and spending money on it, constituting marital waste.
What Can I Do to Protect Myself When Communicating?
If you are going through a divorce, it’s imperative to understand the importance of protecting yourself. Typically, you’ll find that the most important thing you can do is limit what you discuss with your ex-spouse over text. Any matters related to your financials or custody arrangement, for example, should be held in person with your attorneys present.
However, if you do need to discuss matters with your spouse over text, such as child pick-ups or questions about certain property, you should maintain a business-like tone to ensure these communications are civil and polite. It is imperative to avoid sending anything emotional, aggressive, or harassing.
When going through a divorce, it is in your best interest to connect with an experienced attorney at the Siragusa Law Firm to explore your options. Our team understands how difficult these matters can be to navigate, which is why we are committed to assisting you through your divorce so you can move on to the next chapter of your life. Contact us today to learn how we can assist you in these difficult times.