Affairs, Adultery & Spying FAQs Texting & Emailing

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

Written by Russell Alexander / (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 & Senior Partner of Russell Alexander Collaborative Family Lawyers.