By Jennifer de Lyon Stralka
When potential clients come to me seeking divorce advice for men, I frequently warn them about how important it is to be guarded when sending text messages, especially since they can be used against you in a court of law.
Obviously, there are many avenues by which a spouse can seek to admit such evidence against the other, and courts appear to be willing to do so more often than not.
For example, text messages have often been used to show that a spouse is harassing the other spouse or the parties’ minor children, which violates several dispositive court rules where I practice.
Additionally, text messages can also be used to establish that a party to the marriage has engaged in marital misconduct, which can have disastrous consequences during the property division phase of a divorce proceeding or even bar the cheating party from receiving alimony in some states.
As such, text messages may not always be the most appropriate mode of communication and it is important to keep this in mind when sending them.
On the flipside, if you receive text messages from your spouse that may implicate her for whatever reason, it is important to save them.
Keep in mind that cell phone companies normally maintain a record of text message communications for a certain limited period of time (depending on the company, it is normally 30 days), and you can obtain a transcript of the texts, which should have the time and date stamped thereon.
Regardless, you should always consult a mens divorce attorney if you have any questions about using text messages as evidence, as a divorce lawyer will be able to properly advise pursuant to your specific set of circumstances.
To arrange an initial consultation to discuss divorce rights for men with a Cordell & Cordell attorney, including St. Louis Divorce Lawyer Jennifer de Lyon Stralka, please contact Cordell & Cordell Law Firm.