Texting has undoubtedly changed the way in which we communicate with each other, as you can not instantly connect with loved ones around the world at the push of a button. However, you should also note that the messages you send can be held against you in legal matters. As such, if you are going through a divorce, it’s imperative to know if and when your text messages can be entered as evidence. The following blog explores what you should know about these matters, including the steps you can take to protect yourself. In addition, you’ll learn the importance of working with a Monroe, Louisiana divorce lawyer to protect you during these difficult times.
Are Text Messages Admissible in Divorce Court?
In general, text messages are considered admissible in court, as they are considered recorded written evidence, not unlike emails or letters. However, there are several matters that are examined before a text is considered evidence.
First and foremost, the court must be able to authenticate the messages. Because texts can easily be faked or altered, it must be shown that the messages are legitimate and come from the author. You should also note that the context of the text must be taken into consideration, as a text may look incriminating, but can be perfectly normal in the context of the conversation at hand. Finally, the texts must be relevant to your divorce, like alimony, hidden assets, affairs, marital waste, or even abuse.
Finally, the texts must be obtained legally. As such, if your spouse hacks into your device to obtain messages or coerces you into handing over your passwords so they can snoop through your communications, any texts obtained would likely be deemed inadmissible in court.
What Should I Do When Texting to Protect Myself?
If you are going through a divorce, it’s in your best interest to keep all text messages, especially those sent to your spouse, polite and professional. You should assume that any text you send will be read in court, which can help you ensure that the content of the message does not reflect poorly on you.
Generally, if any issues arise regarding sensitive topics like alimony, child custody, or property division, you should avoid texting your spouse. Instead, it’s in your best interest to have these conversations in person with your attorney present. This can help ensure you are protected should your spouse attempt to twist your words.
Additionally, you should never react to texts sent by your spouse that are meant to provoke and annoy you. Not only does this give your spouse the satisfaction of getting under your skin, but they can also use your anger and frustration as evidence against you in court.
As you can see, navigating a divorce in the digital age can be difficult. That is why it is critical to obtain legal representation. At Breithaupt, DuBos, & Wolleson, LLC, our team understands how overwhelming this process can be. That is why we are committed to fighting for the best outcome for you during these difficult matters. Contact us today to learn how we can guide you through this legal battle.