How Often Do Text Messages Or Social Media Posts Become Part Of Divorce Or Custody Cases In Massachusetts?
In almost every divorce or custody case, clients bring text messages and social media posts to their attorney. While these may not always become evidence in a trial, they often provide context for arguments and are brought up during motion hearings. It’s especially prevalent among those who grew up with social media. However, in rare cases, like divorces involving elderly persons, these digital communications are less common.
Can Communications Like Text Messages Actually Become Evidence In A Court Case?
Yes, depending on the context and involved parties, communications can become evidence. Massachusetts has a marital communications exclusion, protecting messages between spouses from being used in court. However, if a lawyer can properly obtain messages between you and someone else, they could be used. For example, if messages prove dishonesty about involvement in a child’s activities, they might be admissible. The general rule is to assume nothing is private.
What Types Of Messages Cause The Biggest Problems In Court?
Messages that are violent or threatening can cause significant issues. While people often regret things said in arguments, those that cross a line and induce fear are problematic. Massachusetts also recognizes coercive control, which includes communications that aim to alienate a partner from friends and family or exert financial control. These types of messages can be particularly damaging in court.
How Can Emotional Or Angry Messages Affect Custody Or Parenting Time Decisions?
In Massachusetts, there’s a presumption of equal parenting, but this can be overridden by a history of domestic violence, including coercive control. Messages that indicate alienation or demeaning behavior can lead to concerns about co-parenting capabilities and may result in one parent receiving sole legal custody. It’s crucial to maintain professionalism in communications once divorce proceedings begin.
How Often Do Social Media Posts Become Evidence In Divorce Cases?
Social media posts can be highly relevant depending on case allegations. For instance, posts showing you at dinner during a time you claimed to be at your child’s event could be used to prove dishonesty. Posts that contradict claims of abuse or depict public arguments may also be admissible, as they fall outside marital communications privilege.
Does Deleting A Regrettable Message Help Or Worsen The Situation?
Deleting a message can worsen the situation. If the other party has screenshots or evidence of the message, deleting it might appear as an attempt to hide evidence, raising red flags for judges. It’s better to refrain from sending regrettable messages in the first place, as deletion doesn’t guarantee they won’t resurface.
How Do Attorneys Typically Obtain Messages Or Social Media Posts During Divorce Cases?
Attorneys usually obtain these from clients, but using them in court is challenging due to strict rules of evidence. Federal laws, like the Electronic Communications Privacy Act, allow platforms like Facebook to refuse subpoenas for message contents. While screenshots are common, they must be authenticated to be admissible, typically requiring direct access from the platform, which is often difficult.
What Communication Patterns Raise Red Flags For Judges In Custody Disputes?
Patterns of demeaning or isolating communication, especially in public or visible to children, are red flags. Threatening messages and coercive control, which aim to isolate and undermine a co-parent, are also concerning. These patterns can indicate an imbalance of power and affect custody decisions.
Do Communications With People Outside The Marriage Affect The Case?
Yes, communications with others, like a partner’s family members, can impact the case. Such messages are considered admissions and can be used against you. Always assume anything in writing may be used in court, and exercise caution in all communications.
What Advice Do You Have For Someone Going Through A Divorce Regarding Digital Communications?
Avoid publicly discussing the case and refrain from texting your significant other if possible. Use emails instead of texts to allow time for reflection before responding. This helps manage emotions and prevents impulsive, harmful communications that could be used against you in court.