Text Messages as Evidence

Wired Magazine printed a short article on the use of text messages in divorce cases. The article is on page 28 of the August 2009 Issue. 

The articles quotes Gabriel Cheong, a Boston divorce lawyer as follows:  “In most states, the conduct of the parties during marriage is determinative of property division in a divorce.”  That is not a correct statement with regard to Oregon Law.  In Oregon, the conduct of the parties does not affect asset division, with the exception of a party hiding or wasting assets.  Where text messages can be valuable is in parenting time or custody proceedings.  In the past letters would be used as evidence against a party.  As we move further forward with technology Facebook wall writing and text messaging are starting to be used in trials.  The lesson of this story is to be careful with your texts.

About Daniel Margolin

Daniel Margolin is a founding partner of Stephens & Margolin LLP and a Portland, Oregon native. His practice focuses on all aspects of family law litigation. Dan applies his litigation expertise to provide additional expertise when assisting clients with Family Law Appeals and Collaborative Divorce matters. To find out more or contact Daniel Margolin, visit Stephens & Margolin LLP
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2 Responses to Text Messages as Evidence

  1. phil acierno says:

    im going thru a divorce, my gult feeling is theres some else, but cannot prove it. but thru text messages i diffently can. how could i get her phone texting, shes the main person on are account. shes tring for high spousal support, could this help me if i can prove she is having affair.

  2. Text messages can be very helpful when building a case against your spouse.

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