Written By: Lenorae C. Atter, Attorney
Wood, Atter & Wolf, P.A.
Text messaging has replaced phone calls for many people, especially those going through a bitter divorce. When text messaging shows communications that may help a court better understand a situation or issue surrounding the divorce, a Florida court may allow such communication. As a family law attorney in Jacksonville, Florida, I have had to use text messaging to prove that my client has been harassed or that the other party has threatened harm on the children. The text messages must be proven to the court to have come from the parties. What typically is shown are the phone messages, in the phone and a hard copy produced as almost a screen shot. It is important to establish certain criteria to have the text message entered as evidence to the court for proof of origin and content. Simply writing the text messages will most likely not be allowed in court since there is a higher chance of error in copying.
If you are going through a Florida divorce, you should contact your cell phone provider to see if there is a way to get the text messages from them. A number of smart phones also allow the messages to be sent via email, which may be used if you can also provide the phone for proof of the messages.
If you are divorcing and have communication with the other party you should speak with a lawyer about your case and get help in presenting your case to the court.