Watch Out! Divorce Evidence Includes Texts, Emails and Facebook

With texting, email, and Facebook Messenger rising in popularity as methods of communication in relationships, so is their use as divorce evidence. As divorce attorneys, we used to look for evidence in files, notebooks, ledgers, memos and photo albums. Now we have to also look at emails, text messages, Facebook, LinkedIn, Snapchat, Twitter, Instagram, YouTube, and even Pinterest for what divorce evidence that is called Electronically Stored Information (ESI).

Thousands of courts across the country have recognized that parties have an obligation to preserve and produce electronically stored information. When the prospect of divorce litigation is present, parties are required to preserve documents that may be relevant to the issues to be raised. Failure to do so may result in the court finding of spoliation of evidence. Spoliation of evidence is the intentional, reckless, or negligent withholding, hiding, altering, fabricating, or destroying of evidence relevant to a legal proceeding). This duty to preserve evidence is triggered when there is probable, likely or reasonably anticipated litigation.

Divorce Evidence Includes Electronically Stored Information (ESI)

  • You regularly communicate via text with that person
  • Acknowledge receipt of a text message on a specific date and time
  • Ask how that person’s name and phone number are stored in your device
  • Ask if the photo of the text (or text itself if the phone is available) was received on that date and time
  • Establish the relevancy of the text message

Your Texts, Emails, and Facebook Posts Can (and May) Be Used Against You

When Everything Is On The Line, You Need An Attorney You Can Trust, That Will Advocate & Fight For Your Family! We Can Help!

When Everything Is On The Line, You Need An Attorney You Can Trust, That Will Advocate & Fight For Your Family! We Can Help!