Can Emails and Social Media Communications Be Used in a Contested Divorce?
- posted: Jun. 29, 2014
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.
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Mr Thomas F. Harding is an Attorney that I admire and very knowledgeable, He started on my case in May of 2019 and still in progress and soon to be over, but when I first went to Mr Harding office I was so afraid to go forward with my divor...
Mr Thomas F. Harding is an Attorney that I admire and very knowledgeable, He started on my case in May of 2019 and still in progress and soon to be over, but when I first went to Mr Harding office I was so afraid to go forward with my divorce because my husband is a mean man and he told me that he wasn't going to let me go, nor was he going anywhere I thought my life was over until Mr Harding explain everything and I knew that he had my best interest at heart and his soft voice gave me reassurance that it will be alright and with his loving secretary Mrs Raquel Knight they work together and I was bless and I thank God for them and I have two new friends now and I will be dropping in to see them occasionally, God bless Mr Thomas F Harding for all that you do for others, A job well done!
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