Is Texting Dangerous to Your Divorce?

It’s apparent from recent studies that texting and facebook entries are figuring in legal disputes particularly divorces. If you are having troubles in your relationship, and you use this kind of media to blow off steam, you might want to reconsider that choice. What you find funny may not be that amusing in open court. What you thought as a private communication can be publicized for all to see.

James Pilant

Ken Altshuler: Getting Divorced? Stop Texting and Get Off Facebook

Our most recent survey released this month shows an overwhelming 92 percent of respondents saying that they have seen an increase in the number of cases using evidence taken from iPhones, Droids, and other smart phones during the past three years. In addition, an even larger number of 94 percent have cited an overall rise in the use of text messages as evidence during the same time period.

So what do matrimonial lawyers know that many others are just beginning to recognize? Basically, having evidence in writing is always the most effective proof in demonstrating that someone is being dishonest, contradictory, and lacks credibility. Credibility is the coin of the realm in the world of family law. Once you can effectively question someone’s credibility with their own written statements, then everything else can be doubted about them.

This is why I also strongly caution my clients that any time you put something in writing, automatically assume that a judge will eventually read it. If it’s something that you don’t want a judge to read, then by all means don’t write it. Words are power; they can be used for good or for evil. Think and be careful before you write anything, because it can go beyond the intended audiences and undermine you in ways you never even imagined.

Ken Altshuler: Getting Divorced? Stop Texting and Get Off Facebook