Can Text Messages Be Used in Divorce Court?

text message on cellphone

Can Text Messages Be Used in Divorce Court?

Many of us are very attached to our phones and send countless text messages a day. Texting has largely overtaken most other traditional forms of communication, leaving detailed digital trails of who we interact with and what we say. If you are going through divorce proceedings, you should know that your texts may find their way into a courtroom as evidence.

The Digital Trail

You can glean a lot from someone’s text messages. If you or your spouse is having an affair, for example, text messages will make it incredibly easy to prove. Even if no one is cheating, text messages can still play an important role in your divorce case. Divorce proceedings can get a little heated, so if you are fighting for custody of your children and your spouse sends you a slew of angry messages that may be perceived as threatening, it can potentially impact the outcome of your case.

On their own, text messages may not be enough to totally alter the course of your divorce. However, if you have other strong pieces of evidence that can be used in conjunction with your spouse’s incriminating texts, this could be a very effective strategy in court.

Of course, there is still some debate as to the legality of accessing text messages. Some experts believe that it is an invasion of privacy. You should consult with and obtain the advice of both a criminal law attorney and your divorce attorney before you try to obtain your spouse’s text messages.

Ultimately, there is still quite a bit of uncharted territory when it comes to the admissibility of text messages in a divorce case. An experienced attorney will be able to assess whether or not using text messages as evidence will be useful for your case.

Reach Out to Our Knowledgeable Divorce Team to Discuss the Details of Your Case!

If you are pursuing a divorce, it is essential to hire a skilled attorney to advise and guide you throughout the process. At Galmiche Law Firm, P.C., our family law team is backed by more than three decades of experience and a history of proven results. Our award-winning team will work tirelessly on your behalf to create personalized legal strategies and tailored solutions.

Call our law office today at (636) 552-4841 to request a complimentary and confidential initial consultation with a member of our team to discuss your case.