More and more, texts are becoming the preferred method of communication
for many, especially younger adults. If you are one of the many individuals
who send countless text messages on a daily basis, you may be wondering
if it is possible for them to find their way into a courtroom as evidence for
divorce proceedings. The short answer is that it depends on how the texts were
obtained and their relevance to your case.
For example, if you believe your spouse had an affair, this may not be
reason enough to legally obtain your spouse’s text messages. The
fact is that affairs rarely have a direct impact on the outcome of a divorce,
so your cheating spouse’s texts may be totally irrelevant.
Text Messages in a Divorce
While an affair is not usually a valid reason for introducing texts into
divorce proceedings, there are several other reasons that are.
Some of these include:
- Hidden marital assets
- Neglect or abuse against children
- Substance abuse
- Harassment or threats of violence against you
Since these issues can affect key issues, such as
property division and
child custody, text messages that may prove your spouse’s behavior in these matters
may serve as crucial evidence.
That said, regardless of the relevance your spouse’s text messages
may have, it is important that you do not attempt to hack your spouse’s
phone or obtain the messages in a manner that is illegal. Typically, to
admit your spouse’s text messages as evidence, you will need to
secure a subpoena, so be sure to go through the proper legal channels
to avoid jeopardizing your ability to ensure your spouse’s texts
are admissible in court.
Set Up an Initial Case Review with One of Our Skilled Divorce Attorneys Today!
If you are filing for divorce, the family law team at the Law Office of
Kathryn Marteeny for the guidance and advice you need to smoothly navigate
this emotionally charged process. With more than three decades of combined
experience on our side, you can feel confident in our law firm’s
ability to represent you throughout your divorce.
Reach out to our law office today at (713) 936-2300 to set up an initial case evaluation with a member
of our team to learn more about what we can do to assist you.