Text messages, emails, social media posts, photographs, recordings, and other digital communications have become a routine part of everyday life. But what happens when you are going through a divorce or family law dispute? Can those digital communications be used as evidence in court?

The short answer is: potentially, yes.

Digital evidence can play an important role in divorce and family law cases. However, whether a particular message, photograph, post, recording, or other digital communication can actually be used in court depends on a number of factors, including its relevance, authenticity, how it was obtained, and the applicable rules of evidence and privacy.

If you are considering divorce, it is important to understand that your digital activity may have consequences for your case.

What Types of Digital Evidence Can Be Used in a Divorce?

Digital evidence can take many forms. Depending on the circumstances of a case, potentially relevant evidence may include:

• Text messages between spouses, family members, friends, or other individuals

• Emails and other electronic communications

• Screenshots of messages, posts, profiles, or online activity

• Social media posts and comments

• Photographs and videos

• Online calendars and messages

• Location information and digital records

• Financial records and electronic documents

• Audio or video recordings

• Other electronic communications or digital information

The important question is generally not simply whether the information exists, but whether it is relevant and legally admissible in the particular case.

Can Text Messages Be Used as Evidence?

Text messages can potentially become evidence in divorce and family law proceedings.

For example, communications between spouses may be relevant to issues involving parenting, child custody, finances, agreements between the parties, or other disputes. Messages may also provide context regarding statements or events that are being disputed.

However, a screenshot of a text message does not necessarily settle the issue. Questions may arise regarding who sent the message, whether the message is complete and accurate, whether it has been altered, and whether it is admissible under the applicable rules.

Do not assume that deleting a text message makes it disappear from a legal case. Depending on the circumstances, copies or other records may exist elsewhere.

What About Social Media Posts?

Social media can create significant issues during a divorce.

People sometimes post photographs, comments, videos, check-ins, or other information without considering how that material might be interpreted in a legal proceeding.

Depending on the facts of a case, social media activity could potentially become relevant to issues involving:

• Parenting and child custody

• A person's lifestyle or spending

• Financial circumstances

• Relationships

• Statements made about a spouse or family member

• Where a person claims to be or has been

• Other matters disputed during the divorce

Even seemingly harmless posts can sometimes be taken out of context. That is one reason it is generally wise to think carefully before posting anything publicly—or privately—while a divorce or family law case is pending.

What About Screenshots?

Screenshots are commonly used to preserve digital information. They can potentially help document a text message, social media post, email, or other online activity.

But a screenshot is not automatically proof that everything shown is authentic or complete.

Depending on the circumstances, an attorney may need to consider questions such as:

• Who created or sent the communication?

• Has the information been altered?

• Is the screenshot complete or missing important context?

• Can the original information be obtained?

• How was the information acquired?

• Is the information relevant to an issue in the case?

Because these questions can become important, it is generally better to preserve potentially relevant information rather than edit, manipulate, or selectively reproduce it.

Can Emails Be Used in a Divorce?

Emails can also potentially be relevant evidence.

An email may document communications between spouses or provide information relating to finances, parenting, agreements, schedules, or other matters. As with text messages, however, admissibility depends on the circumstances.

If an email may be relevant to your case, preserve the original communication and avoid altering it. Your attorney can help determine whether and how it may be useful.

What About Recordings?

Audio and video recordings can raise particularly important legal questions.

Whether a recording can be legally made or used in court can depend on the circumstances, including where the recording took place, who was recorded, and the applicable Massachusetts law.

Do not secretly record a spouse, family member, child, or another person simply because you believe the recording may help your case. Recording laws can be complicated, and making a recording without understanding the applicable law could create additional legal problems.

Before making a recording for purposes of a divorce or family law dispute, speak with an experienced Massachusetts family law attorney.

Should You Delete Your Social Media or Messages?

If you are involved in a divorce, it may be tempting to delete old posts, messages, photographs, or other information that you believe could hurt your case.

That can be a mistake.

If digital information may be relevant to your case, do not intentionally destroy, alter, or manipulate it without first obtaining legal advice. Preserving potentially relevant information is generally a safer approach than attempting to remove it.

You should also avoid creating new problems by posting angry comments, discussing your spouse or your case publicly, or sharing private information about your children or family.

Be Careful About What You Post During a Divorce

One of the simplest ways to reduce potential problems is to think before you post.

Before sharing a photograph, video, comment, or other information online, ask yourself:

“Would I be comfortable having this shown to a judge or discussed in court?”

If the answer is no, it may be better not to post it.

It is also important to remember that changing privacy settings does not necessarily mean information cannot become relevant to a legal proceeding. Content can potentially be copied, saved, forwarded, or otherwise preserved by others.

What Should You Do If You Discover Digital Evidence?

If you discover text messages, emails, social media posts, photographs, recordings, or other digital information that may be relevant to your divorce, avoid immediately confronting your spouse or attempting to investigate the matter on your own.

Instead:

1. Preserve the information.

2. Do not alter or manipulate it.

3. Do not delete potentially relevant communications.

4. Avoid posting about the situation online.

5. Speak with your attorney about what you have found.

An experienced divorce attorney can help you understand what information may be relevant and what steps should be taken to preserve and address it appropriately.

Talk to a Salem, Massachusetts Divorce Attorney

Digital evidence is now an increasingly important consideration in divorce and family law matters. Text messages, emails, social media activity, photographs, videos, recordings, and other electronic information can potentially affect issues being decided in a case.

At Lamb & Lamb, P.C., our divorce and family law attorneys in Salem, Massachusetts help clients understand their rights and options throughout the divorce process. If you are concerned about digital evidence—or simply want to understand how your online activity could affect your case—getting legal advice early can help you make informed decisions.

Considering divorce or facing a family law dispute?

Call Lamb & Lamb, P.C. at(978) 744-8818for a free consultation.

Visit:www.lambandlamblaw.com

This article is provided for general informational purposes only and does not constitute legal advice. Every divorce and family law matter is different. If you have questions about your specific circumstances, consult with a qualified Massachusetts family law attorney.