Text Messages Can Be Some of The Best Evidence Available
Can text messages be used in divorce court? Yes, text messages can be used in divorce court and are, in fact, some of the best evidence available. A text message states a fact word for word from the sender to the receiver. For example, a text message to a friend stating the quick transfer of marital funds to that friend just before filing for divorce, if presented to the court, could influence how a judge will equitably divide marital assets. Or take the case where a text conversation is presented to the court between a party and their paramour outlining an expensive get-away vacation trip. Even if the trip took place before filing for divorce, a judge can consider the financial consequences to the marriage economics and possibly adjust an alimony award to help the deceived spouse recover some of the lost finances.
In most states, including Florida, there does not need to be a reason for a divorce to occur other than the desire to end the marriage. For this reason, many people think little that takes place during the marriage is important, so they may not be careful about texting. There are many stories of a spouse checking their spouse’s phone and learning all kinds of information, all of which, if pertinent, can be used in court as evidence. Sometimes one spouse will try to trick the other spouse into saying things in a text that could later be used against them. For example, words of anger and threats in a text can be used as evidence of abuse, emotional or physical. And another use is to pinpoint the day and time of a conversation which can tie a party to a particular incident. The best thing to remember is that phone texts and emails can be used in court as evidence, so keep the communication you don’t want to be used in a court off your phone and email.
If you are planning a divorce, be sure to check with an experienced Marital and Family Law lawyer if you think there might be texts that could harm your case or if the opposite is true, help your case. The lawyer will know how to use texts as evidence and which texts can make a difference. For those who live in Palm Beach, Martin, St. Lucie, Miam-Dade, Broward, Orange, or Hillsborough Counties in Florida or Washington DC or New York, Board Certified Marriage and Family Law Attorney Grant Gisondo has over a decade of successfully handling divorce cases. He offers a free, initial, in-office consultation to answer general questions and to share how he can help. You can call his office at (561) 530-4568 to make an appointment. His website is https://gisondolaw.com, where you can learn about Attorney Gisondo and his law practice.