Affairs, Adultery & Spying FAQs Texting & Emailing

Can I use evidence of my spouse “sexting” in court?

sexting
Written by Russell Alexander ria@russellalexander.com / (905) 655-6335

While you can use text messages as evidence in court, you should not be prying into the private documents and devices of your spouse and “sexting” will not be considered sufficient evidence to prove adultery in the courts. You may open yourself up to a civil lawsuit if you provide evidence to the court that you have engaged in inappropriate spying on your spouse.

Even if you could use it, evidence of “sexting” may not be helpful in your court case as it will not be considered towards a parents ability to parent a child and even though in today’s society we may for the most part consider “sexting” to be cheating, according to the letter of the law we still only consider physical acts under the official definition of adultery. The court will only issue a divorce if the legal definition of adultery is met.

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About the author

Russell Alexander

Russell Alexander is the founder of Russell Alexander Collaborative Family Lawyers and is the firm’s senior partner. At Russell Alexander, our focus is exclusively family law, offering pre-separation legal advice and assisting clients with family related issues, including: custody and access, separation agreements, child and spousal support, division of family property, paternity disputes, and enforcement of court orders. We have locations in Toronto, Markham, Whitby (Brooklin), Lindsay, and Peterborough.

For more information, visit our website, or you can call us at: 905-655-6335.