In high-conflict divorce keeping conflict to a minimum is difficult. For example, the core components that prevent divorcing spouses from effectively communication are anger and animosity. It is common for both spouses to use other means of communication such as texting and emailing in order to get around having to face each other. Spouses can text each other throughout the day almost to the point of harassment, nasty accusations and abusive statements in connection with post-divorce agreements such as child custody and/or calling each other out on neglecting to pay child support on time. Although this might be the easiest form of communication under the mentioned circumstances, unfortunately this kind of communication will not benefit either party in the long run.
The court has limitations as to forcing spouses to comply with the court order or behaving themselves outside of court. For instance, a judge can’t force spouses to behave themselves and act with respect and integrity. There are various problems with texting and emailing each other during the divorce process and once court orders are issued. Should the parties need to return to court, attempting to introduce the emails and texts into evidence would be difficult. Technically, such documents are inadmissible under what is known as the Hearsay Exclusionary Rule. Under this rule, texts and emails are considered “statements” made outside of court. As a result, such documents are dismissed in court.
There are various exceptions to the hearsay rule that can be used in court, however such documents are sensitive and many or may not be allowed to be admitted into evidence. Talking to your family divorce lawyer about these exceptions and effective divorce communication will assist in choosing the best option that will stand in court.
Contact Thorsteinson Law Group to help you protect your California divorce. We provide complimentary consultations, and are dedicated to helping you through the divorce and post-divorce process.