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Be Cautious When Texting During a Carlsbad Divorce

On Behalf of | Feb 27, 2021 | Divorce

Why should you be cautious when texting during a Carlsbad divorce?  What other communications related policies should you think about if you are considering or in the process of a divorce?

The reasons to be cautious when texting during a Carlsbad divorce are context, escalation and evidence.

It is generally accepted that most aspects of communication are non-verbal.  It’s not what you say it’s how you say it.  The tone and volume of your voice, your facial expression and body language all contribute to the genuine message which is being communicated.

Texting lacks context.  While the text conversation may occur in a “string” it still lacks context. You may add emojis, ALL CAPS or some other effect in order to enhance your message.  However, words can be twisted.  Communications can be taken in a way in which the sender did not intend.  They can be taken completely out of context and used against you.

Texting can very easily escalate.  Especially in situations where texts are coming hot and fast.  Emotions often run quite high during the process of a divorce.  It is very easy to be dragged into communications which you would never want your children, family, boss or friends to read.  But that is precisely the point.

One of the primary reasons to be cautious when texting during a Carlsbad divorce is the fact that a text or text-based conversation can be used as evidence against you.  This is particularly important if your divorce involves children and issues of child custody and parenting time.  The Judge in your divorce pays careful attention to every detail, especially the manner with which the parties comport themselves.  The Judge is evaluating everything from your trustworthiness, to your ability to reason and (if necessary) effectively co-parent.

Voicemails, emails, texts and social media posts (yes, even the supposedly “private” or “secure” locations) can be presented as evidence in Court.  You should give careful considerations to all communications at the outset of your divorce.  How and when do you choose to communicate?  If you are angry or emotional for any reason you should put the communications away and come back to them later when you are more calm and have had time to think the matter through.

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.