After we’ve separated, can I use text messages and emails my spouse has sent me as evidence?

It is common for couples to stay in touch with one another after separating for various reasons. For example, the parties that have separated may have children together and need to communicate on issues relating to those children. Sometimes, spouses may contact each other to talk about their separation and the circumstances surrounding being separated.

Today, it is common for separated spouses to communicate through text messages, emails, Facebook, as well as other types of social media.

Often times, separated spouses engage in disagreements through these forms of communication. It is easy for the parties to become upset and exchange a series of heated messages back and forth.

It is important to be very careful with what you say to your spouse through these forms of communication. You must keep in mind that the messages sent through these methods of communication can be accessed by the Court, used by your lawyer to support your position, or by the opposing party to hurt your position.

Clearly, if your spouse has sent you malicious, angry messages, you are within your rights to obtain a copy of those messages and present them to the Court in order to support your case.

For more information on collecting evidence for your case, contact Krol & Krol at 905.707.3370.