FAQs Texting & Emailing

Can I use text messages as evidence in court?

Much to some judges’ disdain, text messages are often used in court. The use of text messages can either act to your benefit, or your downfall. Sometimes they can be of great assistance as proof of claims made by spouses in family court, but they often showcase poor communication and disrespect between the spouses.

As such, it is very important to remain respectful and polite with your spouse during your separation or divorce. A quickly sent text message in the heat of the moment may reflect poorly on you later during court. Text messages have even been deemed to be “violence” against another spouse, and can show harassment.

However, they can also serve to display the ability of a spouse to parent children, or to demonstrate positive communication between spouses for the purpose of bolstering a claim for joint custody.

In short: be careful what you text, and be sure that it reflects yourself in a positive light.

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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.