Be careful what you text

On behalf of Jarrell, Hicks & Waldman, PC posted in Divorce on Tuesday, February 14, 2012.

Going through a divorce in today's technology-laden world is becoming more complicated as more couples are using information taken from Facebook and text messages in their divorce proceedings.

With the ease of texting and the invention of Smartphones, it has made our lives easier because we can communicate without actually talking with that person face-to-face. With this convenience we sometimes forget that others can read what we've texted or posted.

According to the American Academy of Matrimonial Lawyers, they have seen a sharp rise in the number of cases using evidence from Smartphones and text messages. The most common form of evidence being taken for evidence purposes are text messages -- 62 percent of the time, followed by email and phone numbers -- 23 percent of the time and 13 percent of the time call histories. Surprisingly it is still rare to see people using GPS data or internet searches as evidence.

Text messages are powerful in a divorce case because they are written records about what someone feels, what actions they have taken and it can reveal their true intentions.

Divorce can be financially and emotionally complex and it's important that you speak with a qualified divorce attorney if you are contemplating divorce. An attorney understands how complex divorce can be and will work with you to analyze the facts of your case and will work with you to create a divorce plan that is designed to work for your family as you transition into a new life.

So what should we take from a study like this? Be careful what you are texting and posting and that whatever you are writing, isn't something that you would regret later.

Source:, "Divorcing Couples Using Smartphones as Legal Weapons," Jane McEntegart, Feb. 12, 2012

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