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AttorneyTom, Lawyer
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In a divorce case, are cell phone text messages solid evidence

Resolved Question:

In a divorce case, are cell phone text messages solid evidence of communication in court in SC?
Submitted: 6 years ago.
Category: Family Law
Expert:  AttorneyTom replied 6 years ago.
Can you elaborate a little more on your question?

Customer: replied 6 years ago.

My husband filed for divorce based on adultery, and I filed for habitual intoxification. He is in the process of applying for disability and does not want this on his record, assuming a drug addict needs to get off drugs and get a job. He has been unemployed since Nov 2009, we separated in June 10. His filing based on adultery is completely unproven not to mention untrue yet his addiction to cocaine and lortab have shown up in a drug test taken last month. He is desparate and started even going to AA meetings and sounded like he was trying to get sober. I had to change my cell phone number last month to avoid his minor harassing texts. Last week, I trusted him enough to give him my new cell phone number. I am in the house, and he needed some clothes, which I let him to get. We had amicable conversations when we met and discussed getting him an apartment to live in, etc. I never once said he could could some back. His lawyer has subpoenaed my cell phone records to validate what I fear now that my spouse is trying to say he was in the house, that we had sex, and that it was an attempt to reconcile. I never once gave him that impression, even after he sent texts to me asking to come back. I feel "framed" so he can get evidence to counter my "habitual intoxication" grounds for divorce I filed on him. Can text messages be used as admittable evidence?

Expert:  AttorneyTom replied 6 years ago.

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Thank you for your question.

Unfortunately, text messages can be admissible evidence in court when the subject of the text messages is relevant to a legal action. However, if an attorney can show that the messages are not relevant to an issue in the case, text messages may then be inadmissible. That said, one person's request is not evidence that another person agreed to what the person requested. Evidence of agreement is important, while evidence of a request by one person is substantially less relevant when trying to show an agreement, reconciliation, etc.

Accordingly, you'll want to retain an attorney to represent you in the matter. Your attorney will evaluate the other party's objectives and your attorney can assist you with combatting the other party's efforts using the evidence available to you.

While I can control the quality of an answer, my control over the content of an answer is restrained by the truth. Please do not shoot the messenger. If you need clarification, please feel free to ask using the Reply feature.

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