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Can I use text messages as evidence in court?

Much to some judges’ disdain, text messages are often used in court. The use of text messages can either act to your benefit, or your downfall. Sometimes they can be of great assistance as proof of claims made by spouses in family court, but they often showcase poor communication and disrespect between the spouses.

As such, it is very important to remain respectful and polite with your spouse during your separation or divorce. A quickly sent text message in the heat of the moment may reflect poorly on you later during court. Text messages have even been deemed to be “violence” against another spouse, and can show harassment.

However, they can also serve to display the ability of a spouse to parent children, or to demonstrate positive communication between spouses for the purpose of bolstering a claim for joint custody.

In short: be careful what you text, and be sure that it reflects yourself in a positive light.