Can Text Messages Be Used as Evidence in a California Divorce?

Text messages can be useful evidence in a California divorce, particularly when they relate to disagreements over finances, custody, or other important issues in the divorce. It’s common for divorcing couples to communicate largely through text, both as a way to limit the risk of a loud fight and to ensure that agreements are in writing. If you’re wondering if text messages may be relevant to your divorce case, your next call should be to a California divorce attorney.

At the Law Offices of Taylor B. Warner, APLC, we use a wide range of evidence to support our clients in family court and fight for the outcome they’re looking for. Attorney Taylor B. Warner, focusing primarily on family law, is proud to serve the people of the Inland Empire in a wide range of family cases. Learn more about how our divorce law firm can help you by calling us at 909-466-5575.

Text Messages May Matter In California Divorce Cases

Text messages are often useful in divorce cases when they can be linked directly to legal issues. For example, text messages may show that one parent has refused to participate in custody exchanges, has routinely failed to take their parenting time, or has intentionally revoked access to marital assets and bank accounts.

If your marriage involves domestic abuse or violence, text messages may also be useful when you are attempting to secure a domestic violence restraining order. This is especially important for those who are in significant danger from their ex-partner and want to provide proof of their threats and refusal to stop contact.

However, not all text messages are relevant. California is a no-fault divorce state, so text messages that are just angry, emotional, or embarrassing may not be relevant. Messages have to be directly related to a legal issue.

When Messages May Be Relevant

Your divorce lawyer may recommend using text messages as evidence if you’re struggling with custody issues, financial disputes, or violence and abuse. Custody issues are often some of the most emotionally charged parts of divorces, and text messages showing one party’s refusal to cooperate or efforts to use the children against the other parent may help in securing a fair custody order. If there’s proof of financial mismanagement, liquidation of marital assets, hiding assets, or a refusal to disclose financial information, those messages can be very helpful.

Text Message Authentication

Before you can use text messages in court, your divorce attorney will explain the importance of authenticating them. You must be able to provide proof that the messages are what they claim to be. The court needs to be able to see that the messages are genuine and that they come from who you claim they’re from.

This may involve showing the contact’s phone number, showing the surrounding conversation, and providing phone records (especially if you share a phone plan and can prove that the number texting you is your ex-partner’s).

Avoid Relying on Screenshots

It is crucial that you avoid solely using screenshots as evidence. You may find it helpful to print screenshots and use them to reference the actual text message chain in your phone, but do not rely on screenshots alone. It is incredibly easy to falsify screenshots, to the point that the court may not even accept them.

Preserving Text Messages for Divorce Court

If your divorce lawyer is planning on using text messages as evidence in divorce court, it is crucial that you keep the text messages saved on your phone. You may want to back up your phone regularly to an outside device so you can redownload important messages in the event of your phone breaking or suffering water damage. Your lawyer may recommend not setting a contact name and just leaving the phone number. This makes it easier for the court to verify who is sending the messages.

Discuss Your Legal Options With the California Divorce Lawyers at the Law Office of Taylor B. Warner, APLC

Whether you’re in the early stages of a divorce or you’ve already started having some of the hard conversations, our divorce law firm is here to help. Give us a call at 909-466-5575 or contact us online to schedule a consultation.

Taylor Warner

Taylor has always been an advocate. Growing up the middle child with an older and a younger brother, Taylor developed a strong voice and personality and has always felt strongly about helping others. Becoming a lawyer seemed to fit Taylor’s personality and character – she is a strong leader and a bold advocate. Learn more here.