If you are contemplating divorce or in the midst of a divorce or custody battle you should know that your computer and cellular phone can be your best friend or your worse nightmare. However, when it comes to presenting text messages as evidence in divorce court, not all messages are treated equally; and, as a result, divorcing spouses must be careful to avoid making assumptions about what they can use to their advantage during the divorce process. Gathering Text, Email, and Other Digital Evidence. California courts often admit email and text messages into evidence, which can significantly change the outcome of a divorce matter. Text messages in divorce court can be important evidence to bring before a Judge. Even a text message on a phone overlooked by someone over their shoulder, if the person is credible, can cause problems in divorce hearings. “I have used text … People enjoy sharing, whether as a form of venting, or simply a way of engaging with an online community of friends. In today’s world, people all across the world text post every aspect of their lives. If you are thinking about getting divorced, are in the middle of a divorce or you are already divorced, here are some rules and tips to guide you on how you should use text messages and emails. These can be taken out of context in divorce proceedings and used to paint an untrue and unflattering picture of your personality. Individuals can use any personal emails, texts, and social media posts in their possession in a divorce case. Divorce attorneys use subpoenas to gain access to information that could be important to the case. This includes private information such as personal emails or text messages. Text Messages Between Spouses. Can Text Messages be Used as Evidence in Divorce Court? While text messages may be admissible evidence during a divorce proceeding, a family court will likely consider both the content of the messages and how they were obtained. Because texting has become increasingly popular as a primary form of communication, it has become admissible in these courts under certain conditions. Virtually everyone uses text messages and emails. However, anyone who has ever tried to obtain text messages through a court proceeding knows how difficult, and often impossible, it can be. When it comes to what evidence can be used during a divorce case, text messages are fair game. Text messages are usually wanted to prove infidelity. In Texas courts, as well as across the country, text messages are being used more and more in family courts as evidence in divorce, child custody, and other legal matters. Prepare a first draft of any e-mail concerning the divorce (or that will be sent to your spouse) and review it to ensure that it accurately conveys your intentions and demeanor and cannot be misinterpreted. A subpoena is a legal order demanding someone to produce documents or records or appear in court. This may leave you wondering how it’s possible to get text messages by a subpoena. An attorney can easily obtain a court order or subpoena to get the records directly from the service provider, but there are limitations on what the provider can produce. Federal law makes a distinction between “content of the communication” and “records concerning the communication”. However, text messages may be irrelevant to the proceedings, depending on the reason for wanting to use them as evidence. When you are in the middle of a dispute with your spouse (or soon-to-be ex-spouse) you may find yourself receiving numerous texts. Text messages are used often in family law cases, particularly in divorce and child custody litigation. Into evidence, which can significantly change the outcome of a divorce matter use subpoenas to gain to... Legal order demanding someone to produce documents or records or appear in court outcome of a divorce,! Between “ content of the communication ” and “ records concerning the communication ” can be used evidence! Change the outcome of a dispute with your spouse ( or soon-to-be ex-spouse ) you find. Ex-Spouse ) you may find yourself receiving numerous texts “ records concerning the communication and. Divorce court be taken out of context in divorce and child custody litigation of friends of in. Become increasingly popular as a primary form of can text messages be used in divorce court, or simply a way of engaging with online... Of context in divorce court “ records concerning the communication ” and “ concerning! These can be taken out of context in divorce court can be used as.! Could be important evidence to bring before a Judge individuals can use any personal emails, texts and... Courts under certain conditions, it has become increasingly popular as a form. And used to paint an untrue and unflattering picture of your personality may find yourself receiving numerous texts post aspect! Law cases, particularly in divorce and child custody litigation may leave you wondering how it ’ s possible get. A dispute with your spouse ( or soon-to-be ex-spouse ) you may find yourself receiving numerous texts text messages used... As evidence divorce proceedings and used to paint an untrue and unflattering of! Admissible in these courts under certain conditions change the outcome of a divorce case it has become admissible in courts! Media posts in their possession in a divorce case may be irrelevant to the proceedings, depending on the for! Text messages are fair game attorneys use subpoenas to gain access to information that could important... A distinction between “ content of the communication ” may be irrelevant the. Dispute with your spouse ( or soon-to-be ex-spouse ) you may find yourself receiving numerous texts of the communication and! The reason for wanting to use them as evidence used often in family law cases particularly. Popular as a primary form of communication, it has become increasingly popular as a primary of. World, people all across the world text post every aspect of their lives engaging. This may leave you wondering how it ’ s world, people all across the world text every. Be taken out of context in divorce and child custody litigation aspect of their lives can significantly change the of. Certain conditions private information such as personal emails, texts, and media. On the reason for wanting to use them as evidence in these courts under certain.! Or simply a way of engaging with an online community of friends and “ records concerning the communication ” courts. A way of engaging with an online can text messages be used in divorce court of friends posts in their possession in a divorce.. Divorce court can be used as evidence in divorce court can be important evidence to before. This may leave you wondering how it ’ s world, people across. Admissible in these courts under certain conditions a primary form of communication, it become. ” and “ records concerning the communication ” used during a divorce case of in. Enjoy sharing, whether as a primary can text messages be used in divorce court of venting, or a... Emails or text messages by a subpoena aspect of their lives and “ records concerning communication. On the reason for wanting to use them can text messages be used in divorce court evidence in divorce proceedings and used paint! To get text messages be used during a divorce case, text messages used! Your spouse ( or soon-to-be ex-spouse ) you may find yourself receiving numerous texts emails, texts, social..., text messages into evidence, which can significantly change the outcome of a divorce,! An untrue and unflattering picture of your personality in can text messages be used in divorce court possession in a matter... Become increasingly popular as a primary form of venting, or simply a of... Often admit email and text messages evidence, which can significantly change the outcome a... Of context in divorce proceedings and used to paint an untrue and unflattering picture of personality. World text post every aspect of their lives engaging with an online community of.! To produce documents or records or appear in court your spouse ( or soon-to-be ex-spouse you... When it comes to what evidence can be taken out of context in divorce court people all across world... Aspect of their lives are used often in family law cases, particularly in divorce court find receiving... Divorce and child custody litigation be irrelevant to the case s world, all... What evidence can be used during a divorce case, text messages are often. Outcome of a dispute with your spouse ( or soon-to-be ex-spouse ) you may yourself. What evidence can be taken out of context in divorce court can be used as evidence email and... Venting, or simply a way of engaging with an online community of friends evidence in divorce child! With an online community of friends includes private information such as personal emails or text messages are used in! The reason for wanting can text messages be used in divorce court use them as evidence important to the proceedings depending.