Divorce Advice for Men | Fathers Rights Divorce | Child Custody

By Jennifer de Lyon Stralka

Missouri Divorce Lawyer

With approximately 2.5 billion text messages being sent back and forth across the United States each day, it is no surprise that text messages are being used as evidence in divorce and child custody cases.

It is important to keep in mind that in family law cases, if the content of the text messages are deemed relevant by the court, they will most likely be admitted into evidence. 

By Jennifer de Lyon Stralka

Missouri Divorce Lawyer

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.  

Question:

I have dozens of text messages that are very damaging to my wife and the case she is trying to present against me.

I would like to use these text messages as part of my defense but am curious about the rules of evidence and whether they can be used.

Do text messages submitted as evidence hold up in court?

By Jennifer M. Paine

Attorney, Cordell & Cordell

Note: This is part 2 of a two-part series on the dangers of social networking on your divorce case. Part 1 addressed how e-admissions on social networks can hurt your divorce case.

What Should I Do To Avoid These Admissions: Old School It

The best thing to do is old school it – quit the texting and tweeting and updating altogether. However, be careful closing your accounts and thoroughly discuss your plans with a lawyer because some courts punish you for destroying e-evidence.

Do not update your accounts, post pictures, talk about your case, or do anything but leave those accounts alone. Talk to someone you trust privately and preferably in person, out of others’ earshot and without writing anything down.

If you are too connected to your social network to quit, however, keep these tips in mind:

By Jennifer M. Paine

Attorney, Cordell & Cordell

Note: This is part 1 of a two-part series on the dangers of social networking in your divorce case. Part 2 discussed how you can still maintain your social network profile without compromising your divorce case.

With a few swift keystrokes, your case could go down in flames.

If you think I’m exaggerating, think about Tiger Woods, Jesse James or maybe even a friend of yours busted on Facebook with another woman, and think again. 

It’s easy in our social networking gluttony where your computer keyboard is your sounding board to rant about your case. After all, it is mostly free, you don’t have to pay your lawyer or your therapist to listen to you, your spouse or ex is not your friend or follower, and a status update or a wall post is the easiest way to tell your friends exactly how you feel.

And that’s the problem.