Mind Your Messages: Avoiding Future Problems when Going Through a Divorce
Divorce and other family conflicts can be extremely stressful and painful events, and emotions can be all over the place. Thus, hateful texts, e-mails, and other forms of messages full of anger and frustration are not uncommon between parties that are getting divorced. And yes, something the anger or hatred is (or at least feels like it is) justified. Regardless, we think that sending any sort of message to an ex-spouse that can be easily printed or stored is a reckless move, as it could very well end up in front of a judge.
This problem is further excarberatred by the fact that we are more connected than ever before, and a simple hand gesture is all it takes to get a message across to someone across town, in another state, etc. So our primary advice is to simply keep things civil and avoid sending inflammatory, angry messages, or anything else that could potentially hurt you in court. A text or message can’t be used against you if it was never sent. It’s generally not advised that you speak with an ex-spouse without your attorney present, at least if you’re still in the process of getting a divorce.
Unfortunately, there are times where you still need to communicate which each other, either via phone, text, or e-mail, so simply avoiding contact with the other party is not always a viable solution. In these instances, the best thing you can possibly to do prevent any additional problems is to simply communicate with the other party in a civil and proper way. Better yet, assume that the judge will read every single line of communication between you two (this isn’t often the case, but you can be sure that your ex-spouse’s attorney likely does read everything). Adopting this approach will help you prevent future conflict and keep you out of unnecessary court appearances.
This gets more complicated if there are children involved. In these instances, we highly recommend that you carry out communication via a qualified legal professional, someone who is experienced with all the legal nuances involving divorce and child custody in California. A family attorney has one responsibility: to help you navigate your divorce matters in a way that is as painless as possible and protects your interests, as well as those who you cherish the most.