Can Texts Be Used in Court in a New Jersey Divorce Case?

Today, most people communicate with their spouses through text messages on a regular basis, and because of this, there is a good chance that at least some of those messages may become relevant if the marriage eventually ends in a divorce. Though many texts are entirely ordinary and have nothing to do with the divorce process, others may contain statements about money, children, marital property, threats, infidelity, or other issues that can directly affect the outcome of a case. Continue reading and reach out to the seasoned divorce lawyers in Sussex County here at Gruber, Colabella, Thompson, Hiben & Montella to learn more about how and when text messages may be used in court in a divorce case and why it’s so important to watch what you say over the phone. Here are some of the questions you may have:

Are text messages admissible in a New Jersey divorce case?

In many cases, the answer to this question is “yes.” That being said, a text message is not automatically admissible simply because it exists on a phone or because one spouse claims the other spouse sent it. Instead, the party seeking to introduce the message will generally have to show that the text is authentic, relevant to the case, and otherwise permitted under the applicable rules of evidence. Some of the things that may be used to establish that a text message is authentic include:

• The phone number connected to the message
• The name associated with the conversation
• The language or information contained in the text
• Testimony from the person who received the message
• Phone records or other supporting documentation
• A complete screenshot showing the surrounding conversation

What types of text messages can help in a divorce case?

Generally, the most useful messages are those that relate directly to an issue the court must decide. Some examples of text messages that may become important during a divorce include the following:

• Messages discussing child custody or parenting time
• Statements concerning hidden income, property, or bank accounts
• Admissions regarding the misuse of marital funds
• Threats, harassment, or abusive conduct
• Messages showing that a spouse violated a court order
• Conversations about moving away with a child
• Statements relating to a spouse’s ability or willingness to care for the children

Text messages may be especially important in child custody disputes because they can sometimes show how the parents communicate, whether one parent is refusing to cooperate, or whether a parent is acting in a way that may negatively affect the child.

Should I save text messages during my divorce?

If you believe a text conversation may become relevant, you should avoid deleting it.

You should also make an effort to preserve the full conversation, rather than saving only one or two messages that appear favorable to you. Keeping the surrounding discussion can help show the context of the exchange and may reduce the chance that the opposing party will accuse you of presenting a misleading version of what occurred. Some of the steps you can take are as follows:

• Taking clear screenshots of the entire conversation
• Making sure the date and phone number are visible
• Backing up your phone
• Keeping the messages in chronological order
• Avoiding any edits or alterations
• Providing the messages to your attorney

That said, you should never attempt to guess your spouse’s password, access a private account without permission, or take a phone that you are not legally entitled to use, as evidence obtained improperly can create additional legal problems and may ultimately be excluded from the case.

Finally, you should remember that your own messages can also be introduced in court. Divorce is stressful, and it is not uncommon for people to send angry or emotional texts that they later regret. For this reason, you should assume that anything you write to your spouse could eventually be read by a judge.

For this reason, it’s best to simply never put anything in writing that you wouldn’t want a judge to read.

If you have additional questions or would like to speak to a lawyer about your divorce case, please don’t hesitate to contact Gruber, Colabella, Thompson, Hiben & Montella for an initial consultation today.