Think Before You Text: How Digital Communication Can Impact Your Texas Divorce Case

Your Text Messages Could End Up in Court—Here’s How to Protect Yourself During Divorce

In the middle of a divorce or custody battle, emotions are high, and communication can be difficult. But before you hit “send” on that angry text to your spouse, stop and think: Would I want a judge reading this out loud in court?

At Ashmore & Ashmore Law Firm, we’ve helped countless clients in Rockwall, Terrell, and across Texas navigate the complexities of divorce. One of the most common pitfalls we see is digital communication, especially text messages.

Texts Are Evidence. Period.

Whether you realize it or not, every message you send to your spouse during a divorce can be used as evidence in court. Judges often review text messages, emails, and app-based chats when evaluating claims of abuse, harassment, or even just poor co-parenting behavior.

Think of it this way: your text history could become Exhibit A in your next hearing. And unfortunately, you can’t take It back once it's out there.

Why Digital Communication Is So Dangerous During Divorce

It’s easy to fall into the trap. You’re angry. They said something hurtful. You're frustrated about custody or finances. And in that moment of raw emotion, your phone becomes your weapon.

But texting is indirect, fast, and often more vicious than face-to-face communication. People say things over text they would never say across the dinner table. And those moments, especially when vulgar or profane, can seriously harm your case.

Worse still, your spouse likely knows exactly how to push your buttons. They may intentionally provoke you to lash out, just so they can use it against you. Don’t take the bait.

What Judges Are Looking For

In family law cases, judges always look for behavior that shows poor judgment, emotional instability, or a lack of willingness to co-parent. Suppose your messages are overly aggressive, sent in the middle of the night, or filled with insults. In that case, they paint a negative picture, one that can impact everything from custody to restraining orders.

Even a high volume of texts between midnight and 5:00 AM can raise red flags about emotional control and stability.

How to Protect Yourself

Here’s what we advise our clients at Ashmore & Ashmore Law Firm:

• Pause Before You Respond: Don’t react in the moment. Take time to calm down and think about the long-term consequences.

• Use a Family Communication App: Tools like OurFamilyWizard or TalkingParents help keep communication civil and trackable.

• Create Go-To Responses: Develop a few neutral, respectful phrases like:

  • “Thank you for your message. I’ll consider it and respond soon.”

  • “I appreciate your input.”

  • “Let’s discuss this further when we’re both calm.”

These short, non-confrontational replies give you breathing room and make you look like a mature, composed parent in court.

Bottom Line: Control Your “Text Trigger Finger”

We're not talking about your trigger finger at the range, we mean the one on your phone. Self-restraint is your best friend during a legal dispute. If you feel overwhelmed or provoked, put the phone down.

At Ashmore & Ashmore Law Firm, our family law attorneys are here to guide you through every step of your

case. We understand how stressful this process can be, and we help clients in Rockwall, Terrell, and surrounding communities protect themselves legally and emotionally.

If you’re facing a divorce or custody issue and want an advocate in your corner, reach out for a free consultation today. Let us help you navigate this difficult time with clarity, compassion, and a solid legal strategy.