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Orange County divorce lawyers; The Maggio Law Firm

Use of Texts and Emails as Evidence in a Divorce

Orange County divorce lawyers; The Maggio Law FirmGetting a divorce is never easy, both mentally and emotionally. It is a finality which confirms the end of your relationship. There are feelings of anger, hate, betrayal, hurt, and animosity. Such feelings are common when dealing with high-conflict cases such as those involving domestic abuse or child custody and get out of hand pretty easily.

When the conflict begins to border on the abuse, you can bring it to the court’s attention and request for a restraining order or modify custody terms for your partner. The law cannot request someone to modify their behavior and act nicely.

Not every conflict is verbal. When you are caught up in such a situation, your only chance of communicating with your partner is through emails or texts. The issue is when you want to use them as evidence in your favor. The court has the authority to admit emails and texts as evidence as long as an evidentiary foundation has been laid for it in court and as long as it has been shown that there have been no alteration of the emails and texts.

But it is important to have an open line of communication with the other parent.  So what can you do in order to continue communicating with your partner without using personal emails, texts, or the phone? The solution is TalkingParents.com, a website dedicated to parties who want to keep their communication lines open without including a personal medium. Both partners can ‘talk’ with each other only through the website. They maintain records of your communication, ensuring they are not manipulated by any means. The site allows you to discuss your custody schedules, agreements of any kind and limits communication only to what is necessary.

The result of communicating through a site like TalkingParents.com is that you can use their records of your interactions as evidence in court by paying them a nominal fee. It is accepted by the court under the California ‘business records’ hearsay exception rule.

Here are the benefits of using TalkingParents.com.

  1. It is free and easy to use.
  2. You can directly communicate with your partner instead of using a mediator.
  3. You can resolve issues in a civil manner because the records can be used in court.
  4. Communications are conducted securely.

Apart from being able to use it in court, the site can also help in reducing conflicts among parties. It is a better way to communicate with your partner than through texts and emails.

Getting divorced in California can be complicated.  Download our free eBook, 18 Important Things to Know About California Divorce to educate yourself on the process.  

divorce_attorneyGerald A. Maggio is an experienced Orange County divorce and family law attorney and family law attorney located in Irvine, California, serving the Orange County and Riverside areas. Mr. Maggio assists clients with legal issues including divorce, legal separation, divorce mediation, child custody, prenuptial agreements, stepparent adoptions, and other family law issues. Mr. Maggio has practiced law in California since 1999, and founded The Maggio Law Firm in 2005, focusing exclusively on divorce and family law matters.

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