When you are going through a divorce, understanding how to navigate this process is critical. Generally, you’ll find that a number of factors can influence the outcome of your divorce, including text messages. As such, it’s imperative to understand the impact phone messages can have on your divorce. The following blog explores what you should know about these matters, including the importance of working with Tampa family lawyers to explore your legal options and how to best protect yourself during these difficult times.
Can Text Messages Be Used as Evidence for a Divorce?
If you are going through a divorce, it is critical to understand that text message exchanges can be used during your divorce as evidence. This is because they are considered the same as emails or physical letters one may receive in the mail.
However, it’s important to understand that there are rules regarding the inclusion of texts as evidence in your divorce case. The first thing that must be determined is how they were obtained. Generally, if you coerced your spouse into giving you their phone or hacked into messages, you will be unable to use the texts as they were obtained illegally and therefore inadmissible. Next, the authenticity of the messages must be determined. You must be able to show that the messages originated from your spouse, as they can be easily faked.
Finally, the texts must be relevant to your divorce and the matters at hand, like messages regarding an ongoing affair, hidden assets, or child abuse. If the texts are not relevant, they will not be included in your case.
How Can I Protect Myself When Messaging?
When texting, it’s also important to assume that anything you send can find its way back to the court. This means that you should never say anything that could potentially be held against you, even if texting friends or family. Additionally, you should never have any conversations regarding sensitive topics with your ex over text messages. If you must discuss matters related to the divorce proceedings, like alimony, property division, or debts, it’s best to have the conversation in person with your attorney present.
Additionally, if you must engage in text conversations with your spouse, you should speak in a calm, polite, and professional tone. Keep the messages brief and solely about the matter at hand. If your spouse attempts to provoke you through passive-aggressive or outright mean comments, you should ignore them. Having an emotional outburst will only serve as further proof against you.
As you can see, navigating a divorce in the digital age can be incredibly difficult. That’s why the Tampa Law Group is committed to assisting you through this process. If you’re ready to file or were recently served, do not hesitate to contact our team today.
