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Do Emails and Texts to a Former Spouse Matter in a Carlsbad Divorce?

On Behalf of | Jul 7, 2019 | Divorce

Do emails and texts to a former spouse or social media posts matter in a Carlsbad divorce case?  To say most divorces are emotional would be a dramatic understatement.  We are often asked “I sent an angry communication to my former spouse.  What now?”  What impact can an electronic communication make in a Carlsbad divorce?

Most experienced family law trial attorneys, such as the Certified Specialists at Burke & Domercq, are able to establish the legal foundation for the admission of emails, texts and social media posts during the course of a divorce.  These communications can make a significant impact on every area of a person’s life.

It is important to understand Judges are human beings and impressions matter.  It is also important to understand each Judge is carefully scrutinizing each party to determine many factors associated with a divorce case such as the credibility of each party or their ability to effectively co-parent.

Emails and texts to a former spouse very much matter in a Carlsbad divorce.  So do social media posts.  It is simply best to avoid social media altogether throughout the course of a divorce.  You must also give careful consideration to every text, email or voicemail you communicate to your former spouse.  Every time you sit down or begin to author a communication you need to imagine it being instantly read by your family, your children, your boss or employer, the local police or sheriff, your clergy as well as the cameras of every local news station.


Emails and texts to a former spouse can be used against you in every aspect of your divorce and can impact your personal and professional life outside of the divorce.  For example, threatening messages can and have been used to seek restraining orders and ultimately Domestic Violence Restraining Orders (DVROs).  DVROs will not only affect issues such as child custody and parenting time, they can affect your employment and and any future job you may aspire to.

It doesn’t take a restraining order to substantially affect every goal you have for your own divorce, especially as it relates to child custody and parenting time.  Communications matter.

However, you can’t simply avoid communications with a former spouse altogether, especially if children are involved.  The failure to respond to important communications regarding the well being of a child, co-parenting or child custody related issues can be used against you as well.

This is why it is so important to seek the counsel of the experienced Certified Family Law Specialists and Carlsbad divorce attorneys at Burke & Domercq.  You need to understand every aspect of the divorce and how to protect all of your legal, financial and personal interests.  We invite you to contact us or call 760-389-3927 to learn more about emails and texts to a former spouse in a divorce and how to ensure the best possible outcome in your divorce case.