Using Text Messages in Divorce and Custody Matters

Using Text Messages in Di…

Text messages and emails can have a powerful impact in modern divorce and custody cases. Text messages and emails are instant ways to communicate with the other person without having to spend time dialing them up on the telephone. Almost everyone who uses a smart phone uses a mobile text messaging app and some form of electronic communication.

Beware: The Use of Text Messages and Electronic Communications as Evidence

Given the increased use of electronic communications between parties, you should be aware of how this could impact your divorce or custody case. You should carefully consider the following before sending an electronic communication (or even publishing on Twitter or a Facebook post):

  • Every aspect of your online presence can and will be used as evidence in court. Do not write anything that you would not want a judge to read and consider, even if you think what you are writing has nothing to do with your case
  • Do not send any impulsive text messages while your emotions are high. Electronic communications sent in moments of desperation or anger can easily be taken out of context and used against you in Court
  • Curate and draft all communications carefully and review before sending to help ensure that your message paints an accurate picture of what you want to say so that it will not be misinterpreted or distorted by a judge

Electronic Communications Can Make or Break Your Divorce and Custody Case

Sometimes what seemed like a harmless text exchange during a relationship also can show the negative side of a relationship after it is over. Couples can get into heated arguments, send threatening messages, converse with secret lovers, and discuss criminal wrongdoings. These are all examples of what could and would influence a judge listening to the case. It is important to follow the principals outlined above while your divorce or custody case is pending so that you do not fall into any trap that can be used against you later.

Divorce and Custody cases can be stressful and time-consuming. It is always advisable to seek legal help from an experienced attorney who handles family law matters. At the Law Offices of Dana K. Whitten, LLC, we are a divorce and family law firm helping people throughout the Maryland area with their legal problems.

We invite you to contact us at (301)762-2528 or to use our online contact form to schedule a consultation. We look forward to helping you.