Why Texting Is Not Always Effective in Divorce Case

Why Texting Is Not Always Effective in Divorce

All clients text.  In a divorce, that is the bulk of communication as they generally don’t want to speak to the other party.  Clients are generally excited to tell me they have a record of the communications, but myself, and most lawyers aren’t don’t often share the enthusiasm.  I generally say that email is more effective in communication. What could possibly be the problem?  The problem generally falls into one of the following categories:

  1. The lack of date and time stamps. While your text messages may go on for printed pages, the screen shots often lack a date and time stamp. Make sure to print out all the text messages for that day so it clearly shows the date and time.
  2. Limit the number. Hundreds of text messages (just like a stack of e-mails) are not going to be read by the judge. Make the most impact not by the sheer quantity of messages, but instead by choosing a few that prove the point you are trying to make. A few well-chosen text messages will be more effective than submitting pages of screenshots that require the judge to go through them to try and understand the point you are making.
  3. Keep the string of text messages intact. A common problem is the failure to include all the text messages within the conversation. While it is important to limit the number of messages you want the court to read, you also do not want to leave a message out. Otherwise, it will look as if you are only telling a part of the story.

Following the above steps will help insure that the text messages you want to use in your case will actually be admitted into evidence and read by the judge.

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