They say nothing ever disappears from the internet, and I will add nothing ever disappears from texts and emails either. Well, “they” are on to something. How many times in the last few years have you heard of people not getting hired for a job, or losing a college acceptance, or being fired from a job, all because of something they posted on the internet?
Think of all the cop shows on television, where they give a suspect their Miranda rights, which includes something to the effect of “anything you say can and will be used against you in a court of law”. This should be the mantra in family law!
“Dance like no one is watching, but text and email like it will be read in court one day”
When people are going through a divorce or custody battle, tensions run high, and the opposing party is usually not your favorite person. It can be tempting to let fights escalate and with no holds barred, let the other party know what you really think of them, their spending, their life choices, their new significant others, their choice of job, house, car, and socks.
Often these things have been brewing for months or even years. It feels good to let it rip. However, it is very important to watch what you text, email, or post regarding the opposing party, because anything you say in a text, email, or social media post can and will be used against you in a court of law.
Hire a Family Law Attorney and consider using a co-parenting app.
Because the stakes are so high in family law cases, you cannot take the chance of something you post, text or email being used against you.
This is why we say, “dance like no one is watching, but text and email like it will be read in court one day.” There are a variety of ways that things you post, text, and email can hurt your divorce or custody case. Make sure that every word you write is filtered through the lens of what would this look like in court? Run each word through a rigorous inspection, to make sure strangers with no context would not misunderstand your meaning and intent.
If communication with your spouse or opposing party is charged and vitriolic, consider using a co-parenting app such as Our Family Wizard, Talking or AppClose.
Through these co-parenting apps, parents can share calendars, appointments, expenses, send reminders, request payments, send and receive payments, send invoices, share vital information, and communicate with each other, and best of all, the communications cannot be altered or deleted and therefore make great evidence in court. Some plans even offer phone calling and video calling within the app. You can create PDFs of the communications that can easily be admitted into evidence.
You can’t control what your spouse says, but you can control what you say to your spouse, so make sure you use self-control in all communications, pre divorce as well as post-divorce. Enjoy the dancing and regulate the speech.
resources
Our Family Wizard – iOS and Android mobile apps help parents to manage child custody schedules and co-parenting information from separate homes. (annual subscription)
Talking Parents – co-parenting communication application made to help parents coordinate child custody matters through a shared calendar, messaging (offers three plans ranging from free to $27 per month)
AppClose – Communicate, share appointments and events, track expenses, and send & receive money. No monthly charges or subscription fees!
Heather is currently a member in good standing of the Real Estate, Probate, Trust and Family Law sections of the State Bar of Texas. Heather is also certified by the State Bar of Texas to represent litigants and proposed wards in heirship and guardianship proceedings.
