Are texts admissible in a divorce case in North County San Diego? Today, many former spouses going through the process of a divorce here in Carlsbad, Oceanside or North County communicate via texts. Texts can be quite harsh and it is not uncommon for a heated discussion to occur in this context. Texts can go on and on, and often contain statements or communications that our clients believe would be good “evidence” in a contested divorce case.
Unfortunately, many text conversations are not admissible in a divorce case, as they are considered “hearsay” evidence. While some exclusions apply, the majority of these conversations cannot be admitted into evidence. Many clients may wish to pull a sentence or two out of a conversation, and use it to advance their position.
While texts are in writing, there are many defenses that exist to rebut the admission of this evidence in a contested divorce case. The defense often points on to the ongoing nature of a text conversation, and that the statement would be part of a longer-term conversation that “has been going on for months.”
This may be challenged when the party who wrote the text is a direct participant and named party within a divorce action. The experienced litigators at Burke & Domercq may be able to challenge the admissibility of a text when specific components of California law are met. Under one exception to the “hearsay” laws of evidence, we could argue that the statement constituted an “admission by a party opponent” and successfully use the statement(s) as evidence.
The key in these cases, as in all contested divorce actions throughout North County San Diego, is the expertise and experience of your divorce attorney. Our attorneys are both California “Certified Specialists” who have received recognition from the legal industry and substantial organizations such as the American Academy of Matrimonial Lawyers and the International Academy of Matrimonial Lawyers.
If you are involved in heavily combative text conversations with a former spouse during a divorce and would like legal advice and sound counsel, we invite you to contact our office or call 760-712-3741 to schedule an appointment.