In a divorce, anything you say may be used against you, whether it's on Facebook, Twitter, email or text. Since we do so much communication via social media these days, we often don't realize how much of a digital footprint we leave.
Text messages are often used as evidence of infidelity in divorce cases. However, proof of infidelity rarely has an impact on the outcome of a divorce settlement any more.
Texas, like most states, has no-fault divorce. Therefore, even if a spouse's text message indicate that he or she was unfaithful, it really isn't relevant to the divorce settlement.
However, what if you want to use your spouse's texts to show that he or she has done something that could impact the divorce settlement? Under the law, you must have the user's consent to obtain the messages that he or she has sent. Hacking or otherwise illegally gaining access to them could land you in criminal or civil legal jeopardy.
It's best to discuss any evidence that you have against your spouse with your Texas family law attorney in order to determine whether it can be used or not in your case. It's essential that anything you obtain is done so legally. Obtaining evidence in anything other than a lawful method can only hurt your case and land you in legal jeopardy.
While your spouse may be a no-good cheater, using illicit means to prove that will likely do you more harm than good. It's best to work towards a fair settlement by providing evidence of your needs and why you are entitled to the assets and property you are seeking.
Source: FindLaw, "Can Text Messages Be Evidence in a Divorce Case?," George Khoury, Esq., accessed June 02, 2017