Text messages, despite their convenience, can sometimes cause more problems than they solve, whether it’s an inadvertent transmission or a disastrous autocorrect. However, most people don’t expect their texts to influence their divorce proceedings. If you are wondering about the inadmissibility of text messages in a New Jersey divorce case, please continue reading as we explore what you should know about these matters and how our determined Middlesex County Divorce Lawyers can help safeguard your best interests.
Can Text Messages Be Used in Divorce Court as Evidence?
In New Jersey, text messages can serve as crucial evidence in divorce proceedings, whether exchanged between spouses or with other individuals. They are considered a recorded form of communication, similar to emails or letters, and thus can significantly influence the outcome of your case.
Nevertheless, the admissibility of these messages depends on certain conditions. First and foremost, texts must be acquired legally. Hacking into a spouse’s phone or coercing them into providing their device can render the messages inadmissible. Additionally, the text messages need to be relevant to the unique issues in the divorce case. The individual presenting the text messages as evidence is also responsible for proving they are authentic, meaning they originated from the claimed sender and have not been altered in any way. Text messages can be valuable for various reasons, including:
- Infidelity: Text messages can substantiate claims of adultery or inappropriate relationships, potentially impacting settlement negotiations or leading to a fault-based divorce.
- Financial Disputes: Messages discussing undisclosed income, hidden assets, or significant purchases can support financial claims and influence property division.
- Child Custody Disputes: A parent’s conduct, actions, and intentions, as revealed through text messages, can significantly affect child custody arrangements, especially if they raise concerns about the child’s safety.
- Other Issues: Text messages may also be pertinent in cases involving domestic violence, child abuse, or other threatening behaviors.
How Can I Protect Myself When Communicating?
Text messages can be a powerful tool in a New Jersey divorce case. As such, it’s crucial to understand how you can protect yourself when communicating with your former partner or other individuals. You should limit text discussions, particularly concerning financial matters or custody arrangements. These sensitive topics should be discussed face-to-face, with your legal counsel present. When texting about other issues like child pick-ups, you must maintain a polite and professional tone, avoiding any emotional, aggressive, or harassing language.
It’s important to take screenshots or export your conversations, ensuring that timestamps are available and phone numbers are visible. This will make it much easier to verify the authenticity of the texts. You may also support text messages with phone records or witness testimony, when possible. You should avoid altering or editing messages, as it can pull your credibility into question, jeopardizing your case.
For guidance through these challenging times, please don’t hesitate to contact an attorney from Arndt & Sutak, LLC. Our team is dedicated to assisting our clients move forward to the next chapter of their lives. Contact us today to learn how we can fight for you.
