The Danger Of Text Messages In Divorce Cases
Text messages in divorce cases can become powerful evidence—and what you send may be used against you. Learn why you should think carefully before texting your spouse or co-parent during a divorce or custody dispute in North Carolina.
Charles R. Ullman & Associates
109 S. Bloodworth St.
Raleigh, NC 27601
Phone: (919) 829-1006
https://www.charlesullman.com/
#DivorceLawyer #NorthCarolinaDivorce #FamilyLaw
Transcript
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Can text messages and emails be used as evidence in North Carolina cases? Absolutely. Text messages and emails from you to the other person will be admissible. So both what you say and what the other party says in their text messages will be admissible.
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It's important when writing emails or text messages to remember that those messages will remain static over days, months, and years. In other words, a text message that you send or an email that you send in the heat of the moment will stay in that form in perpetuity. You will be able to be used in court. You'll be able to be used in other contexts against you.
So you should always remember to be careful before hitting send on emails and text messages. The thing to be concerned about is how will this text message or this email appear to a judge who's deciding my case for the issue that's related to the text message or email?
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As far as recommendations for text messages or emails, the biggest thing to do is to respond in a business like Calm and reflective manner. Emails. Her text messages sent in anger will not be helpful for your case. Emails sent after thoughtful reflection and with intent and with organized thoughts can be very helpful.
It's important to remember that anything that you say can be used in a courtroom, so avoid anything that would look as if you're out of control emotionally, or that you could become out of control physically.
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A lot of times I'm asked, can social media posts or comments made on social media be admissible? The answer is yes. It's important to be careful what you're saying on social media, because you can come back and be used against you in court. There are times when people try to remove evidence from their phone, such as deleting text messages or other messages.
Frequently we're able to recover those messages and they can be used against the person in court. If you need help regarding text messages or emails or electronic communications, please feel free to give us a call or contact us online. We look forward to helping you.
