Given the fact that about 97 percent of American smartphone users send a text message at least once per day, it is fairly safe to say that most of us send and receive text messages, according to Pew Research. Text messages are convenient and concise because you can get to the point quickly without the need for a phone call. The person receiving the message can respond when they want to and those around you are not able to listen or overhear your conversation. Texting is fast as the person receives the message within seconds of you sending it. Therein may lie part of the problem with text messaging. Sometimes, in the heat of emotion, you might send a message only to cringe moments later wishing you had thought before hitting the “send” button.

When you are in the middle of a divorce, emotions almost always run high. It is also a time when neither party is usually at their best, and people discover things about each other that can be difficult to comprehend. This is why it makes sense to stop communicating by text with your soon-to-be-former spouse until the divorce is final for the following reasons:

• Text messages are anything but private and the content of your text messages can come back and bite you later.
• Text messages can be used as evidence of infidelity, harassment and other forms of bad behavior.
• They can be saved and retrieved and each one has a date and time stamp, which can be used to prove the sender’s whereabouts.

Tips for avoiding trouble from text messaging

You can avoid some of these sticky consequences if you keep some of the following tips in mind:

• If you have anything less than a cordial relationship with your divorcing spouse, refrain from texting them for the duration of the divorce proceedings.
• If you decide to ignore the first tip, take a deep breath and give the message you are about to send some thought before sending it. Ask yourself if this message would represent you well if it were presented as an exhibit in evidence.
• If you are in the middle of a heated disagreement with your former spouse, stay away from your text messaging app.
• Do not send a text to them if you have been drinking.
• If you receive a text message from your spouse that could be helpful to your case, make sure to save it and pass it along to your Nashville divorce attorney.
• If you have sent or received text messages that you wish you hadn’t and the divorce is in process, do not delete the text messages. In Tennessee and in most states, this is considered spoliation of the evidence as well as violation of statutory injunctions prohibiting the deletions, and it can get you into hotter water than just dealing with them head on if they are used against you.

Texting makes communication easy and convenient, but it can get the sender into hot water if the message they send is ever used against them in court. Allow your Nashville divorce attorney to do her job representing your interests and working towards a favorable divorce outcome.

If a divorce is in your plans, you are welcome to call 615-391-4200 or contact the experienced Nashville divorce attorney team at Karla C. Miller & Associates, PLLC to reserve an in-person or video consultation time to answer your questions about your specific case.