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Divorce & Family Law This forum is for discussing any of the legal issues involved in your divorce.

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Old 09-19-2017, 11:13 AM
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Default are text messeges allowed as evidence ?

Hi as per the norm , serving the ex with notice for not folowing thru with the court orders in place
regarding visitation
regarding school
regarding medical info
basically everything
it if i email her something she answers via text messege \
today i asked questions regarding my childrens school and recived a text saying fuck off ,
so can i submit her outrages texts as evidence that she refuses to comply
thanks
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Old 09-19-2017, 11:16 AM
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yes, that text message will be an example of her attitude towards you and her unwillingness to communicate with you, and more importantly, a very clear indication on the type of person she is.
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Old 09-19-2017, 11:28 AM
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Judges routinely include text messages in their judgments.

I am not familiar with the exact procedure for including them as evidence. I would be interested to find out though, my ex regularly sends me some doozies and should we ever end up back in court I want to make sure that I keep them in a "proper" way.
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Old 09-19-2017, 01:08 PM
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Quote:
Originally Posted by nomad View Post
Hi as per the norm , serving the ex with notice for not folowing thru with the court orders in place
regarding visitation
regarding school
regarding medical info
basically everything
it if i email her something she answers via text messege \
today i asked questions regarding my childrens school and recived a text saying fuck off ,
so can i submit her outrages texts as evidence that she refuses to comply
thanks
You absolutely can I think. I'm doing the same thing now. I just attach as exhibits to my affidavits.
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Old 09-19-2017, 02:17 PM
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So you just state "these are the text messages I received on this date and this time"? Provide screen shots?

I am just thinking about the case where the other party says "I never sent those texts, stop lying"
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Old 09-19-2017, 03:03 PM
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Quote:
Originally Posted by Janus View Post
So you just state "these are the text messages I received on this date and this time"? Provide screen shots?

I am just thinking about the case where the other party says "I never sent those texts, stop lying"
The same argument can be applied to the authenticity of any evidence, i.e. "I never sent those... emails, letters, faxes, etc".

Push comes to shove, one could prove their authenticity and then seek costs I think and completely destroy denying parties claims.

Anyone denying real evidence in my opinion is committing legal suicide.
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Old 09-20-2017, 03:24 PM
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Quote:
Originally Posted by nomad View Post
Hi as per the norm , serving the ex with notice for not folowing thru with the court orders in place
regarding visitation
regarding school
regarding medical info
basically everything
it if i email her something she answers via text messege \
today i asked questions regarding my childrens school and recived a text saying fuck off ,
so can i submit her outrages texts as evidence that she refuses to comply
thanks
Believe it or not, she can say it to you. She has right not to communicate with you. You have to find different ways to care for children without communicating DIRECTLY to her.
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Old 09-20-2017, 09:35 PM
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Quote:
Originally Posted by Janus View Post
So you just state "these are the text messages I received on this date and this time"? Provide screen shots?

I am just thinking about the case where the other party says "I never sent those texts, stop lying"


I wouldn't delete them from your phone either. To make it easy you provide screenshots but in the event a judge wants to see your phone you better have those texts on there.


Sent from my iPhone using Tapatalk
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Old 09-20-2017, 10:08 PM
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I wouldn't delete them from your phone either. To make it easy you provide screenshots but in the event a judge wants to see your phone you better have those texts on there.


Sent from my iPhone using Tapatalk
Judges don't care about "she said, he said" and personal relationship. She said rude stuff, so what? Dont' want to get rude text? Don't text
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Old 09-20-2017, 11:38 PM
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Judges don't care about "she said, he said" and personal relationship. She said rude stuff, so what? Dont' want to get rude text? Don't text
I don't agree, if someone is claiming they are terrified by their ex and thats why it can't be joint, these types of text messages prove the opposite. that the person is not terrified and actually are the ones causing the conflict.

Remember always be teflon "nothing sticks" and everything you do and say is done as if your trial judge is standing behind you at all times.
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