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Can text messages be used as evidence in Divorce Court?

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kalee

Junior Member
What is the name of your state (only U.S. law)? Oklahoma
My son is going to court this month and asked me to find out for him if text messages can be used in Divorce Court. He does not have an attorney but his wife does. He has many messages from her that tell of her illigal activities, as well as pictures.
Thank you in advance! :)
 


Isis1

Senior Member
What is the name of your state (only U.S. law)? Oklahoma
My son is going to court this month and asked me to find out for him if text messages can be used in Divorce Court. He does not have an attorney but his wife does. He has many messages from her that tell of her illigal activities, as well as pictures.
Thank you in advance! :)
text messages can be used as evidence if introduced in proper manner pertaining to the court rules and procedures.

the pictures....well, how does he plan on proving they aren't doctored?

if wife was doing illegal activites while husband was taking a picture, why didn't he report it to the authorities?

and how old are the pictures?

proving illegal activity, a criminal conviction does wonders for that.

what is husband's point of trying to prove this. OK is a no fault state.
 
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CatFood

Member
What kind of phone do you have?
Certain phones (ie iPhones and other smartphones) have a capture service that will allow you to take screen shots of the time and day.
If you do not have this ability on your phone, take a picture of your phone's screen with a regular camera and also log the messages in your own writing. Make sure that the time and day and number are clearly seen.
When I used these screen shots, I also had to provide the bill that shows that the texts were, in fact, sent by the other person's number.
 

cyjeff

Senior Member
What kind of phone do you have?
Certain phones (ie iPhones and other smartphones) have a capture service that will allow you to take screen shots of the time and day.
If you do not have this ability on your phone, take a picture of your phone's screen with a regular camera and also log the messages in your own writing. Make sure that the time and day and number are clearly seen.
When I used these screen shots, I also had to provide the bill that shows that the texts were, in fact, sent by the other person's number.
How, exactly, does showing a picture displayed on a phone's screen show the time and date that the picture was TAKEN?

It would show the time and date the picture was VIEWED. Completely different.

A personal log really doesn't hold up in court... too easy to doctor.
 

mistoffolees

Senior Member
A personal log really doesn't hold up in court... too easy to doctor.
Depends. A personal log in combination with a person's testimony is stronger than testimony relying solely on memory. That doesn't mean it's irrefutable, but I wouldn't say it's of no value.

The real issue here is that the wife has an attorney. Husband wants to do some things that need to be done properly using all the rules of evidence - but he does not have an attorney. That's a recipe for disaster. Even a halfway decent attorney can make mincemeat of someone who's unprepared and unfamiliar with the rules of evidence.

The real answer is that OP's son needs a good attorney. I had a great one in OK, but she passed away a couple of years ago. If OP is in the Tulsa area and wants to message me and let me know who the wife is using, I can give her a couple of names of other attorneys with good reputations.
 

CatFood

Member
How, exactly, does showing a picture displayed on a phone's screen show the time and date that the picture was TAKEN?

It would show the time and date the picture was VIEWED. Completely different.

A personal log really doesn't hold up in court... too easy to doctor.
No. I meant the time and date that the text was sent (usually texts have the time and date in which the text was received on the same screen that the text is). I don't think I said anything about the time and date when the picture was taken.
Along with that, the bill must be offered that corresponds with the time and date and number on the text to show further proof that the text was not sent by another number.
Now, as I recall, plans that have unlimited texting plans do not show the texts on the bill, and I do not know if this is an option. Granted, you may still be able to submit the texts in paper form and if there is any dispute about who sent the texts, could you not keep them on the phone to submit as evidence?
Like I stated, all of my suggestions are from things that I had to do, and those texts helped me keep my car, as they were the only evidence I had that contradicted what my X was saying.

Also, my personal log was one of the biggest things that my lawyer used when I was going through my divorce. While it was not used in court as evidence, it is still a great reference tool for keeping exact times of occurrences. I would say that doctoring a personal log is VERY risky, because if the other side can prove against testimony in that log, then your word during the rest of the trial is pretty well not believed. Basically, doctoring your personal log is like lying on the stand.
 

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