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Posts from the ‘Texting & Email and Divorce’ Category

My partner says they are going to use our text messages as evidence, but I do not consent to this. Can the text messages still be used as evidence?

Text messages are often used in family court, and can be used as evidence towards custody and access. However, where the text messages have been used without permission, judges have split on whether or not they should be admissible. A judge’s analysis of admissibility generally turns on “probative value vs. prejudicial effect.” In other words, judges will determine if the usefulness of this evidence will outweigh the harm it may cause one of the parties. “Usefulness” is associated with the best interests of the child.

Unfortunately, it is impossible to know... MORE »

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... MORE »

Can my ex use private text messages between myself and my current partner as evidence in family court against me to get access to my child, even though she did not have my permission to do so?

Text messages are often used in family court, and can be used as evidence towards custody and access. However, where the text messages have been used without permission, judges have split on whether or not they should be admissible. A judge’s analysis of admissibility generally turns on “probative value vs. prejudicial effect.” In other words, judges will determine if the usefulness of this evidence will outweigh the harm it may cause one of the parties. “Usefulness” is associated with the best interests of the child. Unfortunately, it is impossible to... MORE »

Can I use evidence of my spouse “sexting” in court?

While you can use text messages as evidence in court, you should not be prying into the private documents and devices of your spouse and “sexting” will not be considered sufficient evidence to prove adultery in the courts. You may open yourself up to a civil lawsuit if you provide evidence to the court that you have engaged in inappropriate spying on your spouse.

Even if you could use it, evidence of “sexting” may not be helpful in your court case as it will not be considered towards a parents ability... MORE »

Can texts be used in court?

Yes texts can and very often do end up being used in court. Parties will often attach copies of text messages received and/or sent as proof of claims in documents provided to the judge. It is integral that you text carefully and politely during a separation or your texts may very well end up as your spouse’s best evidence against you at trial.

Texts can be used as evidence of your ability to act as a parent and it can also be used as evidence that you have been harassing your... MORE »