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Are Texts Admissible in a Carlsbad Divorce

On Behalf of | Feb 20, 2021 | Divorce

Are texts admissible in a Carlsbad divorce?  Today, many former spouses going through the process of a divorce here in Carlsbad communicate via texts.  A texting conversation can escalate quite quickly 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.

While many texts are admissible, some text conversations are not admissible in a divorce case, as they are considered “hearsay” evidence.  While some exclusions apply, the majority of these conversations may be admitted into evidence through the discovery process making texts admissible in a Carlsbad divorce.

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 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 to making texts admissible in a Carlsbad divorce as in all contested divorce actions throughout North County San Diego, is the expertise and experience of your divorce attorney.  Our Certified Family Law Specialists 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 protect your own interests and contact us or call 760-389-3927 to schedule an appointment for a remote or socially distanced consultation with one of our experienced Certified Family Law Specialists.