Can Texts Help Your Divorce Case?

| Nov 1, 2018 | Divorce

People have increasingly found they no longer have as much privacy as decades before. Cases have come up recently of spouses spying on one another through their phone’s GPS systems, and text messages, in particular, can serve as compelling evidence to identify adultery.

Wisconsin is a no-fault divorce state. That means a couple can divorce at any time for any reason. It is unnecessary for one spouse to prove the other committed adultery or anything of that nature. However, text messages can still come up in court to prove one side’s point, so it is vital to remain prepared and ready for that possibility.

A subpoena is generally necessary

In the event that you are the text’s recipient, you can print them out to provide to the court as long as the messages are relevant. However, if someone else has a record of the texts, then your legal team will need to request a subpoena. It is paramount to act quickly in this endeavor because most cell phone carriers only maintain records of texts for two or three days before deleting them from the servers.

They can be admissible in court

Many legal scholars continue to debate the admissibility of text messages in court because some experts argue it is an invasion of privacy. In recent years, numerous courts have allowed texts to factor into a case as long as they pertain to the case at hand. For example, since Wisconsin is a no-fault state, text messages that prove adultery are unlikely to have any impact on the results, so a judge may not allow messages of that nature to enter the courtroom.

Texts are only one piece of evidence to use

Text messages can impact child custody if there is evidence the other spouse is abusive toward the kids. One text may not help much because the other side could argue you have taken it out of context. However, texts along with other pieces of evidence can help build a more precise picture that can ultimately impact the child custody decision.