Electronic communications in the forms of texts, emails, and social media posts can provide a treasure trove of information that can be used against someone in a divorce proceeding. Many people either don’t think about the potential consequences of the things they say in texts or emails or on social media, or they mistakenly believe that these things are private and can’t be used in court. However, the fact is, they can be used, and if you have electronic communications with your spouse, it’s critical that you share them with your divorce attorney.
They can help your case
If you have communications from your spouse, these can help your case against them in many ways. A few examples:
Statements that indicate the children aren’t safe in their care could help you gain custody.
Statements regarding their income can help you argue for lower or higher child support or spousal support payments.
Admissions about behaviors they’ve previously denied can prove they did it as well as that they are dishonest.
You can use electronic communications to indicate a person’s state of mind, prove that they were in a specific location on a particular date and time, show that two people are collaborating, or show contradictions in what someone has said.
They can hurt your case
Just as you can use things your spouse has texted, emailed, or posted on social media to help your case, they can use things you’ve said to help theirs. This, of course, hurts your case. This is why it’s just as important that you show your divorce attorney anything you’ve shared. If it has the potential to hurt your case, your lawyer needs to be aware of it so they can help you try to mitigate any damage it may cause.
Written communication is often recommended as a way of not only keeping things civil, but also keeping things clear. If it’s written down, whether in handwriting or on a screen, it’s hard to deny its existence. This is a good thing when it comes to trying to work out agreements between you, but it can be a bad thing when you’re posting on social media or texting a friend.
How do you protect yourself?
There are several ways you can protect yourself:
- Think twice before sharing details about anything on social media, in a text, or in an email. Whether it’s a raise or promotion at work, a new car you just bought, or your frustration with your spouse’s refusal to communicate with you, putting it in writing means it can be used against you later.
- Remember that private is not necessarily private. You may have blocked your spouse on social media, and you may believe that the friend you are texting or emailing won’t betray your confidence, but anyone can share what you’ve written with your spouse. Private isn’t always private, and when you’re dealing with a divorce, it’s better to assume that nothing is private.
- Don’t stalk your spouse online, but if you get access to electronic communication that they’ve shared, show it to your divorce lawyer. Don’t try to make a determination on your own as to whether it’s helpful, harmful, or innocent. Let your lawyer determine what to do with the information, if anything.
- Remember that electronic communications can go beyond texts, emails, and Facebook or Twitter. Interview requests on LinkedIn, Instagram photos, and other things of that nature can also be used as digital evidence.
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