Text messages are usually wanted to prove infidelity. Individuals can use any personal emails, texts, and social media posts in their possession in a divorce case. Even a text message on a phone overlooked by someone over their shoulder, if the person is credible, can cause problems in divorce hearings. Gathering Text, Email, and Other Digital 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. 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. Federal law makes a distinction between “content of the communication” and “records concerning the communication”. 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. 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. In today’s world, people all across the world text post every aspect of their lives. Text messages in divorce court can be important evidence to bring before a Judge. Virtually everyone uses text messages and emails. Because texting has become increasingly popular as a primary form of communication, it has become admissible in these courts under certain conditions. 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. People enjoy sharing, whether as a form of venting, or simply a way of engaging with an online community of friends. Can Text Messages be Used as Evidence in Divorce Court? 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. However, anyone who has ever tried to obtain text messages through a court proceeding knows how difficult, and often impossible, it can be. Text messages are used often in family law cases, particularly in divorce and child custody litigation. California courts often admit email and text messages into evidence, which can significantly change the outcome of a divorce matter. This includes private information such as personal emails or text messages. “I have used text … This may leave you wondering how it’s possible to get text messages by a subpoena. Text Messages Between Spouses. 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. 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