Text messages, emails, and social media posts often come up during divorce proceedings, whether as evidence of infidelity, as context for custody decisions, or simply because people say things online they wouldn't say in a courtroom.
General principles
- Assume anything you write, post, or send could eventually be seen by a judge, an opposing attorney, or your co-parent.
- Saving screenshots of relevant messages you've already received is generally reasonable. Accessing someone else's accounts, devices, or messages without permission can raise legal problems of its own, even if you're trying to prove something true.
- Posting about the divorce, a new relationship, or venting about your spouse on social media is one of the most common things attorneys advise against, it rarely helps and can be used out of context.
Before you screenshot or forward anything
Ask your attorney what's useful to preserve and how you're legally allowed to obtain it. Rules about recording conversations and accessing accounts vary by state, and evidence gathered the wrong way can sometimes hurt your case instead of helping it.
This is general information, not legal advice specific to your situation.