Can Text Messages be Used as Evidence in Divorce Court?

Can Text Messages be Used as Evidence in Divorce Court?

In today’s world, people all across the world text post every aspect of their lives. People enjoy sharing, whether as a form of venting, or simply a way of engaging with an online community of friends. However, if you are in a divorce, you must be very careful about the things you text or post on social media.

We are all human, so we understand how people say or do things they sometimes regret. It happens. However, if you say something embarrassing or potentially incriminating either over text, email, or on social media, there is a very good chance your former spouse and his or her lawyer may use these heat-of-the-moment texts as evidence against you. When this happens, that thing you said in a burst of rage and clearly didn’t mean can be used to determine child custody terms. In certain cases, ex-spouses will do whatever they can to keep the children, and if they have the ammo, they’ll use it, even if it’s taken out of context.

Additionally, while it may be tempting to scream to the world how glad you are to finally be away from your ex for good, it’s best you hold off at least until your divorce is official. If you badmouth your spouse on social media or publicly demand that anyone with dirt on your husband report it to you, you may find yourself in trouble when it comes time to decide who gets what.

Badmouthing anyone online does not reflect positively on character, and even if your ex-spouse deserves it, it’s always best you take the high road. Courts appreciate those who behave in a mature, collected manner. If you are fighting for child custody, the court would far rather know you can keep a cool head and think straight under pressure, rather than all the reasons why you hate your former spouse.

What else should I avoid posting on social media during a divorce?

We understand you want to post about all the fun you’ve been having now that you’re on your own, and we also understand how in some ways, sharing your journey through a divorce with others can be therapeutic. However, when you post about taking vacations or treating yourself to a nice piece of jewelry, you are unknowingly decreasing your chances of obtaining any sort of spousal support or child support payments in the future. In other words, if you can afford such luxuries, the courts may question whether you truly need the support you are requesting.

If you have any additional questions about the divorce process, do not hesitate to reach out to our knowledgeable, compassionate firm.

Contact our experienced New York firm

The Law Office of Peter L. Jameson, PLLC is an experienced divorce and family law firm located in New City, NY. It is essential to retain effective legal guidance during such pivotal times in life. Contact our firm today to discuss your legal matter and get the quality legal representation you deserve.