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We live in a digital world. Every day, people send texts, emails, and post on social media without a second thought. But when you're going through a divorce, those messages can suddenly become very important.
At Johnson Law Group, we help clients understand how digital evidence works in court. It’s not just about what’s said—it’s about how that information is used. Let’s break it down so you know what to expect.
What Counts as Digital Evidence?
Digital evidence includes anything stored or shared online or electronically. This might be:
- Text messages between you and your spouse
- Emails from personal or work accounts
- Facebook or Instagram posts
- Private messages (DMs) on social media
- Photos, videos, or voice recordings
Basically, if it lives on your phone, computer, or social account, it might end up in court.
How It Can Help Your Case
Digital evidence can play a big role in divorce cases. For example, text messages may show that your spouse admitted to cheating. An email might show they lied about money. A social media post could show they’re not following a custody order.
This kind of proof can help support your side of the story. Judges use it to get a clearer picture of what's happening in the relationship or at home.
It can also show how each parent is acting, especially when kids are involved. If one parent is saying one thing in court but posting something different online, that could hurt their credibility.
What It Can’t Do
While digital evidence can be powerful, it doesn’t always win the case on its own. One message taken out of context might not mean much. Judges want to see the full story—not just one angry post or text.
Also, not all digital messages are accepted. If something seems fake, edited, or taken illegally, the court may throw it out. For example, if you hack into your spouse’s email or social accounts, that information might not be allowed—and you could even get into legal trouble for trying.
Finally, remember that a single post won’t automatically give you full custody or more support. The court looks at everything. Digital messages are just one piece of the puzzle.
Be Careful What You Share
One of the most important things to remember is this: what you say or post online can be used against you. If you post something angry, rude, or threatening, it could hurt your case.
Even if you're feeling upset, try not to post about your divorce or your ex on social media. That rant you post today could be brought up in court tomorrow.
Smart Ways to Use Digital Evidence
If you have digital evidence you want to share with your lawyer, here are some tips:
- Take screenshots of important messages
- Save copies in a safe place (like a cloud drive or external hard drive)
- Don’t delete messages unless your lawyer says it’s okay
- Always stay calm and think before you send or post anything
Most of all, talk to a lawyer before using any digital proof in court. They’ll help you decide what’s helpful and what might do more harm than good.
Divorce is hard enough without having to worry about every message you’ve ever sent. But in today’s digital age, those messages matter. They can help show the truth—or they can come back to haunt you.
If you're not sure what to keep or what to avoid posting, the team at Johnson Law Group is here to help. We can guide you through the process and make sure you're protected from digital mistakes that could affect your future.
