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Important Recommendations for Email Communications During a Divorce

On Behalf of | Nov 23, 2019 | Divorce

The Certified Family Law Specialists at Burke & Domercq would like to offer some important recommendations for email communications during a divorce in North County or Carlsbad.  The most important concept to understand from the outset is this: emails can be and often are used as vital evidence in divorce cases.  Assume every email you send to your former spouse during the course of a divorce will be examined in open court.  They very well may be.

You should be very cautious about not only what you write in emails to a former spouse, but the tone with which you use in your messages.  Abusive or manipulative emails can be used against your interests in child custody and parenting time issues.  Harsh communications and the language and phrasing you choose paint a picture of you as a person and this can have an extremely negative impact on the perception of the Judge in your case regarding your character and ability to co-parent.

Many couples continue to share a residence while going through a divorce.  It is important to disable the automatic saving of your login and password.  It is also important to change your email password as a precaution.  You should only email from a private account during the course of your divorce.  Work emails are not private and you do not need your personal business to become known to management or IT.

This is especially true if you own a business or professional practice which will become part of community property division.  Emails from a business account can become “discoverable” during your divorce, opening the opportunity for your former spouse and their attorney to compel access.

Finally, do not copy or “cc” or even blind copy or “bcc” other parties on an email to your attorney.  Direct communications between our attorneys and our clients are protected by the attorney-client privilege and cannot be subpoenaed as evidence.  If another party is cc’d the email may become vulnerable during discovery.

The skilled Certified Family Law Specialists at Burke & Domercq have represented clients before Carlsbad divorce Courts for decades.  We invite you to review the recommendations of our clients and the legal industry and contact us or call 760-389-3927 to schedule an appointment.

Learn about the importance of all communications in a divorce and the best strategies to ensure your goals and objectives for the divorce are accomplished.