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Tuesday, November 10th 2009

The Perils of Text Messaging During a Divorce

Previous posts have discussed the perils of social media in a divorce case:  Social Networking And Divorce Cases, More on Social Networking And Divorce Cases, Social Networking and Discovery, Part III, and Roseville Divorce Lawyer discusses use of Facebook and other social media in a divorce case.  

Just as social media presents issues and concerns in a divorce case, so to does text messaging, or texting.  As a recent article in Reuters discusses, there are often three sides to every story:  his side, her side, and what is stored with the phone companies.  

Couples increasing rely on electronic communication when interacting with others, whether friends, their spouses, or even their attorneys.  These messages are often instantaneous, and just as quickly forgotten.  However, such communications can come into evidence during the divorce trial, if the records are subpoened by one of party's attorneys.  

As the article suggests, care should be taken with text messaging and other forms of electronic communication such as email or social networking sites.   Before discussing settlement matters with text messages, a spouse should consult his or her attorney.  If you think that your spouse has communicated with a lover or other person with text messaging or social media, alert your lawyer.  

Be sure to visit www.criderlaw.net, the website for the law firm of Crider Law PC for more information on California family law and divorce from Roseville California Divorce lawyers.

 

 

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