Can I Use Text Messages as Evidence in a Divorce in Massachusetts?

Text messaging has become an integral part of how we communicate. With an estimated 23 billion text messages sent every day across the globe, it’s no exaggeration to say that much of our personal and professional lives are documented in these little snippets of conversation. But what happens when those messages play a role in something as serious as divorce proceedings? Specifically, can you use text messages as evidence in a Massachusetts divorce? The answer is yes, but it’s not always straightforward.

At Wright Family Law Group, we have years of experience handling the role of text messages in divorce cases. In this post, we’ll discuss how text messages can be utilized, the steps to authenticate them, and key tips to ensure they effectively support your case.

Why Use Text Messages as Evidence?

Text messages can be incredibly powerful in divorce proceedings. They provide an unfiltered, time-stamped record of communication between spouses, offering insights that other forms of evidence may struggle to capture. Here are some common reasons text messages might be used in court:

• Establishing Misconduct: A spouse may submit text messages to demonstrate infidelity, harassment, or abusive behavior.
• Proving Financial Conversations: Texts can confirm discussions regarding shared expenses, financial agreements, or discrepancies in financial claims.
• Demonstrating Parenting Practices: For those dealing with custody disputes, messages can portray parenting cooperation (or lack thereof).
• Context for Disputes: Texts can also provide context for disagreements, showing intent, or clarifying misunderstandings.

However, it’s important to note that not every text message will be admissible. Massachusetts courts require that any evidence submitted must meet specific legal criteria, particularly regarding authenticity.

Understanding Authenticity

For a text message to be admitted as evidence in Massachusetts divorce cases, it must be authenticated. Authentication ensures that the evidence is credible and represents what it is claimed to be. The Massachusetts Rules of Evidence specify that electronic communications, including texts, must be authenticated by demonstrating that they are the genuine product of the person they are attributed to.

Key Authentication Requirements:

• Link to the Sender: Identifying information such as a name, phone number, or context tying the message to the sender is required.
• Confirmation of Accuracy: An affidavit, testimony, or other proof must verify that the messages presented are accurate representations of the originals.

Using unauthenticated texts risks having the evidence dismissed, which could damage your case. Proper preparation is key.

Methods of Authentication for Text Messages

The law provides multiple ways to authenticate a text message in Massachusetts. These methods aim to ensure the message is both genuine and relevant to the matter at hand. Here’s how to do it:

1. Provide Copies or Screenshots

Copies of text messages can be submitted as evidence. These can include:

• Screenshots taken directly from your phone.
• Photos of the text thread displayed on your device.
• Printouts of messages with sender details and timestamps visible.

2. Include Identifying Information

To link the message to the sender:

• Include the sender’s contact information, such as their phone number.
• Showcase any details within the text that identify the individual, such as nicknames or context clues.

3. Use Timestamps

Every text message should display the date and time it was sent or received. Timestamps provide crucial context for the court.

4. Provide Testimony or Affidavits

A witness, including yourself, may testify to confirm the authenticity of the text messages. You can state that the messages accurately represent the exchange as it occurred.

Best Practices for Presenting Text Messages as Evidence

While obtaining the text messages is one step, properly presenting them in court is equally important. The way evidence is introduced can make or break your case. Below are some best practices to follow:

• Preserve the Original Format: Always save the original messages on your phone, even if you’ve taken screenshots or printed copies. Courts may request the original source of the texts.
• Avoid Editing Messages: Do not alter messages in any way; this includes cutting off portions of the conversation. Edited messages may be challenged as incomplete or inaccurate.
• Organize Chronologically: Present messages in a clear, chronological order to help the court follow the narrative.
• Keep It Relevant: Only include messages that are directly relevant to your case. Irrelevant messages could distract from your argument.
• Back Up Your Evidence: Use tools like Decipher Text Message (for iPhone) or SMS Backup+ (for Android) to securely back up the exchanges.

Seek Help from Wright Family Law Group

Using text messages in divorce cases can be a game-changer, but navigating the legal standards for authentication and admissibility requires careful planning. At Wright Family Law Group, we are skilled in helping Massachusetts families through challenging legal circumstances, including divorces involving complex evidence like text messages. Don’t go through this process alone. Reach out to our team today for compassionate guidance.