Texting is a great way to stay in touch with your spouse, ex-spouse and/or your kids, especially if you are separated or divorced. In some cases, parties that are separated or divorced have difficulty communicating. Anger, stress, and frustration can cause parties to dread phone or face-to-face communication. By sending short text messages, parties can communicate efficiently without having to engage in lengthy conversations. However, you should be mindful that unlike phone conversations, there is a record of your text message conversations and just like emails; text messages can end up in the courtroom during your divorce or custody dispute.
How common is this? According to a survey by the American Association of Matrimonial Lawyers® (AAML), 94% of the respondents cited an overall rise in the use of text messages as evidence during a trial. In fact, text messages were the most common forms of evidence taken from smart phones holding the top spot at 62%, e-mails follow at 23%, phone numbers and call histories at 13%, with GPS and Internet search histories each sharing 1%. Why the increase in text messages as evidence in divorce and/or custody cases? Unlike phone conversations, text messages are a written record of a dialogue between spouses, ex-spouses or children. They can be used to highlight problems such as parenting issues, irresponsible behavior, and even contradict sworn testimony.
If text messages may end up in Court, what are your options? As I discussed in Technology Makes Communication Easier, if you cannot verbally communicate, it is better to use email and/or text messaging then to not communicate at all. But, never send an email or text message in the heat of an argument. And, never send an email or text message that you would not want a Judge to read. While technology has its drawbacks, if used properly, it can make managing two households a lot easier.
Ms. Hess is a Fellow of the Maryland Chapter of the American Association of Matrimonial Lawyers® (AAML). Click for more information about the National AAML or the Maryland Chapter of the AAML.
