Can Texts and Recordings Be Used Against Me in a Divorce?

 Posted on May 26, 2024 in Divorce

Some divorces in Illinois are amicable, others are hostile. Some are so bitter that spouses try to use each other’s personal communications as evidence in court. If it gets to that point, it usually means that the relationship has been bitter for some time and such behavior could be expected.

If you expect that your personal communications with your spouse or recordings might be used against you in court, contact an Illinois divorce attorney right away. Sometimes these items can be used as evidence, but in some cases doing so can be unlawful. An experienced attorney will be able to tell the difference and take appropriate legal action.

Can Personal Communications Be Used as Evidence?

In a contested divorce, the parties disagree on some or all issues. Depending on how strongly they disagree, one or both of the spouses may try to use the other spouse’s communications as evidence, such as:

• Texts

• Emails

• Voicemails

• Private messages on social media

The question then becomes whether these are admissible in court. Generally, if your spouse has free access to something then he or she can use it as evidence. However, this only means that your direct messages to him or her can be used. He or she cannot hack into your phone or social media account and use messages you sent to someone else.

When Can My Texts and Emails Be Used in Court?

There are several reasons why your personal communications might be entered into evidence:

• If they show abusive behavior, it can affect the court’s decision on child custody.

• If they prove that you have hidden assets that should be divided in the divorce, the court may consider it fraud and nullify any settlement you may have agreed to.

• If they show that you lied to the court about your income or employment status, it can affect the court’s decision on child support or spousal support, also known as alimony.

Can Recordings of Me Be Used as Evidence?

In Illinois, you need to get a person’s consent before recording him or her in a private place. Therefore, your spouse can only use recordings of you as evidence if:

• You consented to the recording.

• You were recorded in a public area, regardless of whether you consented or not.

Contact a DuPage County, IL Divorce Attorney

Having your personal communications be used against you in court can be humiliating, even if it does not impact the judge’s decision. An aggressive Naperville, Illinois divorce attorney will be able to spot if any potential evidence is not admissible and head it off before it gets to court.

At Pesce Law Group, P.C., we pride ourselves on being zealous gatekeepers of our clients’ rights and privileges. We will aggressively defend your interests in court and give you the best protection possible. Call 630-352-2240 for a free consultation today.