In a divorce case, the admissibility of incriminating messages may or may not matter. Even though your wife’s iPhone may contain a steamy message to a strange boyfriend, there’s always a reasonable doubt that she was the actual author. As in criminal cases, admissibility of evidence is often based on how the evidence was obtained.Īnother challenge to the admissibility of a text is proving who wrote and sent it. On the other hand, it may be a crime to attempt to extract text messages from a phone that doesn’t belong to you. However, if your wife’s cell phone is part of a family account, you have the legal right to review her messages. Some legal experts say using personal texting as evidence is an invasion of privacy and therefore should not be admissible in court. Learn More The admissibility of text messages Text messages can be interpreted in a completely different way than you originally intended, so it is best to be very sure that you do not send anything inflammatory. While on its own that message may not be a very strong piece of evidence, the text could be used in conjunction with other exhibits to prove a point against you. When you are trying to prove that it is in your children’s best interests to spend more time with you, don’t give you ex any more ammunition to deny that time. The story may be a few years old, but it is just as relevant today.Įven if your divorce doesn’t involve a cheating spouse, cell phone messages can still land you in trouble, particularly if you text a message that could be interpreted as threatening or irresponsible.įor example, if you are fighting for custody of your children and you send your soon-to-be ex an heated text about one of the contentious issues, the message could be used as evidence in court to portray you as having anger issues. Texting to your lover is what the New York Times has called “digital lipstick on your collar,” and you can be caught very easily. Those transgressions are a lesson that should have been learned by everyone at this point. Similar mistakes ruined or damaged the careers of several members of Congress, the governor of Nevada and the mayor of Detroit. In one very famous divorce case, Tiger Woods’ “private” text messages to his paramours were somehow broadcast around the world. This issue has made quite a bit of news in recent years. Many assume their personal text and phone messages are secret and confidential however, once a text message is sent, there is no taking it back. It has also become a staple for people engaging in extramarital affairs, and a lot of them are being careless about what they send.Ī survey released in 2012 indicated that over 90 percent of divorce attorneys had seen increased use of smart phones’ digital messages being submitted as evidence, and the trend isn’t slowing down anytime soon. This can be detrimental, as it is easy to take messages out of context and apply many different interpretations that were not intended. In today’s high-tech world, texting has overtaken many traditional methods of communication. We now both have plenty of room for pics/videos and device backups.In family courts across the country, incriminating text messages and other personal electronic communications are increasingly being used as evidence in divorce proceedings - and it’s easy to understand why. Like Apple-TV+ and my 200gb iCloud Storage Account. and it all still seems to work fine.Īnd the real Family Sharing seems to be working along-side it because we can share Subscriptions. If I want to get my Texts on my iPad also, there is a different way to do that.Īnyway, I originally set this up like 7 years ago (when I finally got my own personal iPhone). I could if I wanted to and they definitely WOULD NOT mix with hers. Well except for iMessage, but that's just because I don't want to sync my Texts to the cloud for security reasons. Everything on the iCloud config page it turned on. Then, we created 2 new ones so each could have our own personal Apple-ID Account for iMessage and everything iCloud related. We used her original account because it was first-setup and already had some purchases on it. We have a "Shared" Apple-ID that we use for Apple App store and iTunes purchases. However, we wanted Text (iMessage), Notes, and everything else private/separate. We only wanted to buy apps and music once (and share them).ī. I set this up years ago before Apple Family-Sharing was invented.Ī. We do too (kinda), but I think differently than you.
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