Most of us communicate through text messages or social media, even with our spouses. The ease of this type of communication over the years has led to spouses having important conversations or arguments through social media.
Social media is also often the place we vent our feelings or frustrations. We may post social media updates on personal matters or create a social media post to seek advice or support from friends, family or strangers.
When you are divorcing in Mississippi, these written communications can potentially be used as evidence.
Proving fault in a divorce
This is important for a couple of reasons. First, Mississippi is one of the only remaining fault-based divorce states. What this means is that you cannot divorce your spouse simply because you want to.
If your spouse does not want a divorce, you must prove a ground for divorce, such as adultery or cruelty, to a court to receive a divorce. Text and social media communications can be used as evidence when you must prove fault.
Next, texts or social media posts can sometimes be used as evidence in disputes over financial matters, such as property division or alimony.
For example, perhaps your spouse requests alimony and claims that they do not make enough to cover their monthly expenses.
But then a review of their social media could reveal recent pictures of them on a vacation, shopping or out to eat at an expensive restaurant. Sometimes people even acknowledge their wrongdoings publicly on social media. Your spouse might have created a public post bragging about how they are going after you for alimony when they do not need it.
Authenticating the evidence
The use of text messages or social media posts as evidence in divorce and family law proceedings is becoming more common. However, before you can use a text or social media post as evidence, it must be authenticated.
This typically means proving that your spouse was the one who sent the text messages or made the social media post rather than a third party. You must verify that no one else used your spouse’s phone, computer or other electronic device to send or create the message. If so, the messages would be hearsay.
The simplest way to authenticate messages or posts is getting your spouse to admit they created and sent them. However, in a heated divorce battle, this is rare.
When it comes to text messages, you can take a screenshot of the conversation showing the messages coming from your spouse’s phone number. While this is not direct evidence that your spouse sent the messages, courts will sometimes accept this as circumstantial evidence that the messages most likely came from your spouse.
Social media posts are a little tricker to authenticate. You must show that no one else has access to your spouse’s devices or social media accounts.
Review the wording of social media posts carefully. Words or phrases that are unique to your spouse could help prove they created the posts. Compare the posts with other previous posts and note any similarities in wording or spelling.
If your divorce is a no-fault divorce, you will likely not need this type of evidence to obtain a divorce. But it is still a good idea to document all communications with your spouse to have evidence ready when you are negotiating finances.