We live in a digital era where so much of what we say and do is recorded electronically. During a divorce, these electronic communications can become important evidence in court. Whether they involve financial transactions, parenting issues, or other relevant matters, text messages as evidence in New Jersey divorce cases can significantly impact the outcome of a case.

If you are wondering whether text messages can be used in a New Jersey divorce, the answer is often yes—provided the messages are legally obtained, properly authenticated, and relevant to the issues before the court. Below, our seasoned Englewood divorce attorneys explain how text messages as evidence in New Jersey divorce proceedings may come into play.

How Are Text Messages Obtained During a New Jersey Divorce?

Legal proceedings go through what is known as the “discovery” process. During discovery, each party to a case can request evidence relevant to the matter. The parties can request evidence from one another, including by submitting requests for documents, asking for answers to specific questions, and conducting depositions of witnesses. Parties can also request evidence from non-parties.

When seeking evidence from non-parties, attorneys can request the court to issue a subpoena, which compels a person or entity (such as a telecommunications company) to provide certain evidence relevant to the case. So long as the request is appropriately tailored to specific issues relevant to the case, the court will likely permit the request. A party could, therefore, submit a request to a telecommunications company for text messages, call logs, emails, and other information about a person (for example, the other spouse) for a given period or periods, so long as the information sought might be relevant to the case.

Parties can also introduce evidence already in their possession, such as text messages on their own phones, so long as the validity of the evidence can be verified. Depending on the issues in dispute, text messages as evidence in New Jersey divorce cases may become an important part of the discovery process and the evidence presented to the court.

When Can Text Messages Be Used as Evidence in New Jersey Divorce Court?

Phone records, including text messages, can be subpoenaed from a telecommunications company or otherwise introduced into evidence whenever they are relevant to a matter at issue in the case. The court will consider whether the text messages are relevant to the issues being decided and whether they can be properly authenticated before admitting them into evidence.

In a divorce proceeding, the question is: What is the party seeking to use these text messages trying to learn or prove, and is that relevant to the divorce? There are many situations in which text messages as evidence in New Jersey divorce cases may prove valuable.

Hidden Assets and Financial Misconduct

If, for example, one spouse might be hiding assets, then the other party could seek to introduce text messages as evidence of hidden accounts and other assets. Texts between the party and an accountant, a financial manager, a financial institution, or even with a friend or family member that refer to assets or accounts not already disclosed during the divorce may be requested and/or used as evidence.

Depending on the circumstances, text messages may also reveal undisclosed income, hidden bank accounts, transfers of funds, cryptocurrency transactions, or other financial activity relevant to equitable distribution or support issues.

Texts between a party and their lawyer would likely be excluded from evidence under the attorney-client privilege.

Child Custody and Parenting Time

Text messages may also come into play in custody disputes. One party may use text message evidence to show that their co-parent abuses drugs or alcohol when the children are around, or that they have unsavory characters staying at the home. Evidence that the child might be exposed to a dangerous or unhealthy situation should they live with a given parent can have a significant impact on custody rights.

Depending on the facts of the case, text messages may also be relevant to issues involving parenting time, parental communication, interference with parenting schedules, or other matters affecting the child’s best interests.

Dissipation of Marital Assets

Texts might also be used to show evidence of an extramarital affair if the affair is relevant to the case. If one party seeks to show that the other party has been wasting or dissipating marital assets on an affair, for example, text messages with an extramarital romantic partner about hotel stays, plane tickets, or lavish gifts could serve as helpful evidence.

Alimony and Cohabitation

A party who may owe spousal support might show texts between the other party and their romantic partner to prove cohabitation in order to reduce or eliminate their alimony obligation.

Are Text Messages Always Admissible?

Not necessarily. While text messages as evidence in New Jersey divorce cases are frequently used, they must still satisfy the applicable New Jersey Rules of Evidence. Generally, the text messages must be relevant to the issues before the court and capable of being authenticated as genuine communications.

The court ultimately decides whether particular text messages will be admitted into evidence. In addition, certain communications, such as those protected by the attorney-client privilege, are generally not admissible.

Seasoned Advice and Effective Representation for Your New Jersey Divorce Case

Electronic communications can play a significant role in modern divorce litigation. Understanding how text messages as evidence in New Jersey divorce cases may be used can help you protect your rights and prepare your case more effectively.

If you’re considering divorce in New Jersey or dealing with child support, child custody, alimony, property division, or other family law issues, contact the experienced Englewood family law attorneys at Herbert & Weiss. We proudly represent clients throughout Bergen County and northern New Jersey. Call (201) 440-6300 to schedule a confidential consultation.

Frequently Asked Questions

Can text messages be used as evidence in a New Jersey divorce?

Yes. Text messages may be admitted into evidence if they are relevant to the issues before the court, properly authenticated, and otherwise admissible under the New Jersey Rules of Evidence.

Can deleted text messages be recovered during a divorce?

Depending on the circumstances, deleted electronic communications may sometimes be recoverable through discovery or forensic examination.

Can phone records be subpoenaed during a New Jersey divorce?

Yes. When relevant to the issues in the case, a court may permit subpoenas seeking phone records, text messages, or other electronic communications from third parties.

Are all text messages admissible in court?

No. The court determines whether the text messages are admissible based on the applicable Rules of Evidence and the specific facts of the case.

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