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Posts from the ‘Texting & Email and Divorce’ Category

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 »

Should I show texts to my lawyer?

You definitely want to consider carefully what texts you provide to your lawyer. Lawyers are typically paid according to an hourly rate and if you show up with 100 texts for your lawyer to review you can be sure that they are going to charge you for the amount of time it takes them to look at those texts and decide upon their importance to your case.

It also takes a significant amount of additional time for your lawyer to prepare your court documentation when they need to continually sort through... MORE »

What are some do’s and don’ts of texting during my divorce?

DO text to discuss child custody and access.

DO text to provide or request information that you need from your spouse.

DO text to discuss the resolution of any outstanding issues resulting from your separation.

DO text to engage in any other polite communication with your spouse.

 

DO NOT text in an attempt to force or bully your spouse to do something.

DO NOT text your spouse over and over again in an attempt to convince them of something you have previously discussed.

DO NOT text rude or insulting messages to your spouse.

DO NOT text your... MORE »