If you’re making your way through a divorce, you may not give much thought to bombarding your soon-to-be ex with hostile texts or emails, and they may be well deserved. The truth is, however, that venting your emotions in this way can negatively affect the outcome of your case. It’s best to allow the experienced San Antonio divorce attorneys at Cook Law Firm to guide your case toward a favorable resolution from the start.
Text Messages and Emails Are Admissible Evidence in San Antonio Courts
Divorce cases in San Antonio are heard in the Bexar County Civil District Courts, and text messages, emails, and other electronic communications are admissible as evidence. The primary challenge regarding admissibility concerns authenticating the sender and recipient.
If you’re attempting to present evidence in the form of texts, emails, or even social media posts, you’ll need to convince the presiding judge of their authenticity. This is a matter of the judge’s discretion, and if the messages are deemed authentic, the judge must determine how much weight to attach.
Electronic Messages Can Play a Critical Role in the Outcome of Your Case
Texts and emails from your divorcing spouse can play a key role in several of your divorce terms.
Parenting Time and Legal Custody
Determinations about both parenting time and legal custody, or the authority to make primary parenting decisions, are based on the children’s best interests. San Antonio courts are seeking parents who are committed to co-parenting successfully. This means that, if you’ve received countless messages from your soon-to-be ex that fall far short of harmonious co-parenting, it could directly affect the parenting schedule in your case.
The Just and Right Division of Community Property
In Texas, all the property that you, your spouse, or you and your spouse together came to own during your marriage is considered community property. Upon divorce, these assets must be divided between the two of you in a just and right manner, which means fairly in relation to the unique circumstances that apply.
If you have texts, emails, or social media posts that speak to or hint at any other form of fraud on the community, it can alter the division of property in your case. While most divorces in Texas are no-fault, the court has the discretion, even in a no-fault case, to penalize a spouse for financial wrongdoing, such as the following:
- Hiding assets
- Spending down marital funds
- Giving away property
- Attaching inaccurate values to assets
- Failing to be transparent regarding assets
Fault-Based Grounds
Texas does allow fault-based divorces based on adultery, cruelty, and other reasons. To obtain a fault-based divorce, the spouse seeking it must prove the specific grounds, and electronic communications can be among the most persuasive evidence in the case. Texts, emails, and social media messages can provide direct or circumstantial evidence of these grounds, as they document conduct that would otherwise be difficult to prove.
When a fault is established, it can meaningfully affect the outcome of the case. Texas courts have the discretion to award a disproportionate share of the community estate to the spouse who was not at fault, which, in practice, can result in a significantly unequal division of property. In some cases, fault findings also factor into other terms of the divorce. This is why electronic evidence, even messages that seem informal or offhand, can carry real legal weight when a marriage ends badly.
Our Experienced San Antonio Divorce Lawyers Are on Your Side
Our trusted San Antonio divorce attorneys at Cook Law Firm have a wealth of experience utilizing electronic messages to the advantage of our clients. Learn more about everything we can do to help you by contacting us online or by calling our firm at 210-740-0281 today.