For couples who have tried to work out their relationship, but have decided that a divorce is the best way to proceed, they will find that there are several pieces of evidence that can be used against them once they go to court. Did you know that text messages are considered admissible evidence? This means that if one party loses his or her temper and texts the other party, the text messages may be used as evidence in court. In many cases, especially when children are involved, text messages can affect the final decision made by the Judge regarding time-sharing (custody), alimony, distribution of assets and debts, etc.
When you are going through a divorce, you must be aware of what you put in a text or email, as well as what you say to the other party in person or over the telephone. For this reason, we have a few tips to help you in making sure you do not put something in a text that can be used against you later in court. These tips also apply after you are divorced. The main goal of these tips is to keep you from impulsively saying something to your ex or soon to be ex that can come back and hurt you later.
Many lawyers recommend that clients simply stop texting the other party entirely and even that they stop posting to social media in general. If you are going to text, or put things out there on social media, make sure you are not saying anything that you would not want the Judge to see in court. Keeping your emotions under control is a must. While one of the above tips was to walk away and stop texting if you feel that your anger and emotions are getting out of hand, we have a few more in-depth tips that can help.
For those who are going through a divorce, we want you to realize that your texts could become one of the main ways your soon to be ex gains the upper hand. Here at Norman Law, we advise our clients against texting their exes, unless they are positive that they can keep their calm. Divorce is not something to take lightly, but if it is unavoidable, then be sure you are taking actions to ensure you are getting a fair divorce.