When you are going through a divorce, it’s important to gather evidence to help support the claims you make to the court regarding certain issues, like child abuse or hidden assets. However, one important type of evidence you’ll want to consider is utilizing text messages. If you’re unsure when these are considered admissible, you’ll want to keep reading. The following blog also explores what you should keep in mind when using texts to communicate and why it’s in your best interest to work with St. Louis County divorce lawyers during these difficult matters.
Can Text Messages Be Used as Evidence in Court?
In general, you’ll find that text messages are considered admissible during divorce court. This is because they are held to the same regard as other forms of written evidence, like emails or letters. However, like all evidence, the courts must verify the legitimacy and relevance before it can be considered evidence.
When introducing text messages as evidence to the court, it must be proven that the text messages were sent from a party involved in the case, and they have not been altered in any capacity. Additionally, the texts must be relevant to the matter at hand to be taken into consideration by the courts. For example, these messages could show evidence of an affair and marital waste, child abuse, or the concealment of assets by a spouse.
Finally, you must understand that text messages cannot be obtained in illegal ways. If you hack into your spouse’s phone or coerce them into handing over their device so you can gather evidence, the courts will likely deem it inadmissible. As such, text messages must be obtained through ethical and legal channels.
How Can I Protect Myself?
If you are worried about your spouse using your texts against you, there are steps you can take to help protect yourself. Generally, you should never discuss sensitive matters, like affairs, finances, or property division, over text. Instead, these matters should be discussed in person with your attorney present.
However, if you must communicate with your spouse regarding matters like child care or pick-ups and drop-offs, it is critical to ensure the tone of these conversations remains professional and polite. You should avoid letting any emotion into the messages. This is especially true if you believe your spouse is attempting to provoke you. Stick to the topic at hand and keep things business-like.
As you can see, navigating a divorce can be incredibly difficult. That is why it is in your best interest to connect with an experienced attorney to help you navigate these circumstances. At Stobie Family Law Group, our firm understands how frustrating a divorce can be, which is why we are here to help guide you through this process to help you best protect yourself. Contact us today to learn more.
