Going through a divorce can be a tough and emotional journey. Outside the emotional toll that it can take on your family, the court proceedings can be exhaustive and draining. You will need to provide ample paperwork concerning your income, shared assets, children and more. One of the things that your attorney may ask you to present when planning for divorce proceedings will be any communication records between you and your soon-to-be ex-spouse.
What are Communication Records
Communication records are exactly what they sound like, records of communication between yourself and your spouse. It used to be that communication records were simply letters or documents sent between spouses. In this day and age there are a myriad of different ways that people can communicate between one another. The following forms of communication can be used in your court case.
- Text Messages
- Social media conversation (Facebook messenger)
- Phone calls
Virtually any form of communication can be admissible in court.
What is the Role of Communication Records in Divorce Proceedings?
Communication records can be used to paint a picture of the relationship that you had with your spouse. If have accused your spouse of being emotionally or physically abusive you can use emails or text messages that were abusive in nature as proof. Additionally, you can use these communication records to prove infidelity or assets that your spouse is shielding from the divorce proceedings.
Also communication records can be used to exonerate yourself from claims made by your former spouse. If you have been accused of infidelity you can use your communication records as proof of loyalty.
Should I record Phone Calls with my Ex-Spouse?
This may seem like a no-brainer when dealing with a former spouse, but the answer is not so simple. Recordings could possibly do more harm than good, exposing you to civil or criminal liability.
Recording conversations without the consent of all parties involved could be construed as “wiretapping” an offense that is illegal under federal law. Depending on your jurisdiction, recording a phone call could constitute wiretapping and you are liable to be sued or face criminal charges.
We recommend that you consult with your attorney before recording any phone calls with your ex-spouse.