• Blog >
  • Can Emails and Social Media Communications Be Used in a Contested Divorce?

Can Emails and Social Media Communications Be Used in a Contested Divorce?

Many written records of conversations exist today through social media, emails, texting and other forms of digital communication. In the past, courts were often at a loss to rule based on the “he said, she said” aspect of evidence. Increasingly, courts allow digital media records including emails, Facebook postings and text messages as evidence during discovery in contested divorce cases. By consulting with a Virginia Beach contested divorce attorney from the outset, you can receive valuable legal guidance and protect your rights.

Bates v. Bates is a classic example of how an email and Facebook posting affected the outcome of a contested divorce case. In this case, one of the contested issues was child custody. During the separation period, both parents shared joint legal and physical custody of the children. They attempted to reach a settlement outside of court but were unable to do so. The husband requested a child custody modification, alleging that the wife was alienating the children from him. A lower level court awarded custody to the husband and the wife appealed to the Court of Appeals. The appellate court reviewed the evidence in the case, including emails and Facebook postings as evidence provided during discovery. In a Facebook posting the wife called the husband a bad father, and in an email to him she threatened, “When this is over you'll be lucky if you get to talk to the kids on the phone." The court awarded custody to the father and based its decision on the wife’s inability to support the father’s relationship with the children.

Contested divorce attorneys in Virginia Beach can provide helpful legal advice to deal with divorce issues when emotions become heated.  

Darrell M. Harding brings more than two decades of experience to every case he handles. 

Contact Form

We will respond to your inquiry in a timely fashion. Thank you.

!
!
!

Virginia Beach: 757-499-2600
Chesapeake: 757-401-6804
Norfolk: 757-512-8393

Testimonials

"In every case Mr. Harding takes, he strives to provide his clients with the highest level of legal service. If you choose Darrell M. Harding Attorney At Law, PLC to represent you, you can expect to receive experienced legal guidance and be treated with the utmost courtesy and respect at all times."

More Testimonials

Our Offices

  • Virginia Beach Office

    Address

    5366 Virginia Beach Boulevard, AAA Building.
    Suite 301
    Virginia Beach, Virginia 23462

  • Chesapeake Office

    Address

    2010 Old Greenbrier Road
    Suite L
    Chesapeake, Virginia 23320

    Phone

    757-401-6804

  • Norfolk Office

    Address

    1500 E Little Creek Road
    Suite 309
    Norfolk, Virginia 23518

    Phone

    757-512-8393

Choose a location to review

Harding, Harding & Harding Attorneys at Law locations:

Ratings & Reviews

  • google
    5.0/5.0

    Thomas Harding was a great lawyer. Very detailed and patient about his work. Helped me win a case that I did not think I would win. I will always refers him as my lawyer.

    — Darryl Bush

  • lawyers
    5.0/5.0

    Thomas was so easy to work with in what to me, was a stressful situation. I had numerous questions and he never hesitated to respond back to all of them and put my mind at ease with his knowledge of all of my issues. I’ve already started re...
    Show More

    — Client

  • yelp
    5.0/5.0

    You pay for what you get! Darrell is very knowledgeable and I trust him 100% with my case! Hopefully I’ll never need him again after my case but if I ever did he would be only a phone call away for sure!

    — Sidney H.

  • lawyers
    5.0/5.0

    Mr.Harding & his Paralegal Ms.Meats were attentive & Professional for my Situation. Mr.Harding.was given what he needed to represent me we spoke b4 Trial. I did get the outcome I wanted which was Custody, We didn't have to get Nasty but if ...
    Show More

    — Client

  • google
    5.0/5.0

    Thomas and his team did a wonderful job helping me through an otherwise very difficult time in my life. I appreciate his willingness to meet when it was convient for me. I would definitely recommend his services.

    — Cullen Darling