Divorce is an emotional and complex process, often requiring spouses to navigate sensitive legal processes while dealing with personal stress. Especially in recent years, it’s common for couples going through a divorce to communicate primarily through electronic means. These exchanges, although private, can become important in court proceedings. You may be wondering whether text messages are admissible in a New Jersey divorce. This type of evidence can provide pertinent information and paint a picture of a relationship. Understanding how digital evidence is treated under New Jersey law is crucial for anyone going through a divorce. Keep reading and contact an experienced Union County divorce lawyer for more information today.
Are Text Messages Admissible in an NJ Divorce?
The short answer is yes. Text messages are generally admissible as evidence in a New Jersey divorce case, given that they meet the state’s rules of evidence. Like any other piece of evidence, digital communications must be relevant to the issues at hand. This could include matters of child custody, alimony, equitable distribution of assets, or grounds for divorce, such as adultery or extreme cruelty.
The messages must also be properly authenticated. This means you must prove to the court that the text messages are genuine and were actually sent by the other person you are claiming they are from. This often requires testimony from one of the parties or a witness who can verify. The messages cannot be altered or misleading.
If the judge believes that the messages are real, reliable, and important to the case, they may allow them to be submitted as evidence. This is especially true in cases involving custody and parenting disputes, domestic violence or harassment claims, financial misconduct or hidden assets, or threats, intimidation, or coercion.
How Can Text Messages Be Used in a Divorce Case?
Text messages can act as compelling evidence showing the character of each spouse and proving that certain things were said or done. These communications may be used to establish:
- That one spouse has threatened, harassed, or abused the other
- Certain parental behavior that may impact custody or visitation rights
- One party’s refusal to follow court orders
- Attempts to hide marital assets
- Admissions of wrongdoing
For example, suppose you are filing for divorce on the fault ground of adultery. If you can procure text messages where your spouse admits to cheating on you, it can bolster your credibility and help prove that your claim is accurate.
How Can I Preserve Texts for My Case?
If you have messages that you believe may be relevant to your case, it is crucial that you preserve them to the best of your ability. You can take full screenshots of conversations, back up your phone or cloud storage, export message logs, and save timestamps and contact details. Try to avoid cropping or editing messages to ensure that the court authenticates the communication.
For more information and legal assistance, contact a knowledgeable family law attorney today.
