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Electronic Messages in a Divorce
My wife and I will be going through a divorce very soon. She has stated via text messages with my father (yes, I have copies of the text messages) that if this turns into a nasty situation, or I don’t agree with her demands in mediation, she has “the best lawyer” and he will “take me for everything”. If this goes to court, can I use these documents to prove that she doesn’t have our son’s best interests at heart, instead solely focusing on her wants?
When it comes to admissibility of these electronic messages, the important factor to consider is how the messages were obtained. If the message was sent directly to the spouse’s phone from the other spouse, then a judge may allow the evidence to be used during the hearing. As with all evidence, the text messages would have to be authenticated that it actually came from your spouse. Once the text messages are, they will most likely be let in based on the discretion of the Judge.