Use of Emails & Text Messages in Divorce Proceedings in Florida: Are They Admissible?


Written by Whitney R. Lonker, Wood, Atter & Wolf, P.A.

Family law in Florida is probably the most personal of all areas of law in that we, as practitioners, delve into the deepest secrets of families in order to fight our case or to settle an issue. Many times the Husband or Wife will know the other’s passwords to bank accounts, email accounts or will intercept text messages of the other spouse. These things are all perfectly legal and can be used as evidence against a spouse in court in Florida. If a spouse has access to online email accounts or online banking information then it is perfectly legal for that spouse to access those accounts. If the account shows that the other spouse has been hiding money or spending money to further an affair, then that can be used in court as evidence. Text messages are the same. The moral of the story is this, if you don’t want your emails, text messages or banking information to be used against you in court in a divorce action in Florida, then don’t give your spouse the information necessary to access it. If you need advice on divorce, child custody, child support, alimony, adoption, modifications, equitable distribution of property or post divorce advice, please call our firm.

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