In the age of the smartphone, texting is an increasingly ubiquitous form of communication.  Many people feel more comfortable sending a text message rather than calling or sending an e-mail to the other person.  What does this have to do with family law?

A Paper Trail of Proof

Because mobile carriers keep records of text messages, texts create a paper trail of proof.  This can be quite helpful or harmful to your case.  For example, imagine that two spouses agree through a text message discussion to a particular custody arrangement.  Later on, if one spouse later reneges upon the agreement, the text records can be used to prove the agreement.

Easing Tensions

When two spouses are on tense terms, communicating to each other via text message can help lessen or remove the tension from a volatile, emotionally charged situation.  It takes time to craft a text message and make the decision to hit the “send” button.  As a result, texting allows the parties some time to cool off and think, “Do I really want to send that?” In contrast, speaking over the phone is much more immediate.  If spouse engage in an argument during a phone call, it is much easier to burst out in anger and say things they may regret later on.

The Take-Away

Text messages can take on surprising significance when it comes to divorce, custody, and other family law matters.  In some situations, text messages may help your case; other times, they may harm your case.  Regardless, it pays to think before you text.

Please contact the Tran Law Firm if you are involved in a family law matter and have questions about how text messages may affect your case.