Just in case some of you are not techno-savvy: Text messages are messages sent from one person’s cell phone to another person’s cell phone.  These messages, much like email, can be used as evidence in your divorce trial.  Text messages can be saved on a person’s phone, or with many carriers, you can print out  the full transcript of the text message, sent and received.  Further, the message, much like an email, is not fully deleted even though you deleted it from your phone.  Be wary if you think you have fully deleted the evidence of a text message, as most phone companies save text messages for approximately 30 days.  Due to this, the phone company records can be subpoenaed and the messages sent and received can be retrieved.  While the case law is still evolving in this area of law, a text message can carry much the same evidentiary weight as an email.

As I have mentioned several times before, do not say or put anything in writing that you would not want a Judge to read, whether it be a text message, email, instant message, hand written letter or voicemail.