Text Messages as Evidence: You can authenticate text messages by presenting: How to take a screenshot on an iPhone. Swiping left on the text message screen will reveal individual timestamps for every line of text.

Text Messages as Court Evidence

How to take a screenshot on an android phone or tablet. The screenshot process can vary between android devices, but in most cases, you can take a screenshot by pressing the power and volume down buttons simultaneously. Here are a few reliable options: Again, no guarantees, but worth a try Author's note -- thanks to the many advocates from the Massachusetts Legal Services community who contributed suggestions and case examples to this overview. Tweet Widget Facebook Like.

Cordell & Cordell understands the concerns men face during divorce.

Library Type: General Resources. Library Categories: One situation that has arisen in divorce cases across the country involve cell phone apps that create fake text messages or other forms of fake electronic communications. Once you select an app that specializes in fake text messages, it is as simple as entering the cell number to send the text to, create the content of the message and hit send.

Fake texts hit the news recently in the Johnny Depp v.

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Amber Heard divorce. The police declined to file charges against Depp, citing no physical signs of abuse were observed on the night she made the claims.

See Johnny Depp and Amber Heard divorce update: Another case in California resulted in criminal charges being filed against a party stemming from her creation of fake emails to use as evidence in a custody case. After Mother lost her custody case, she hired an investigator who discovered the falsity of the emails and linked them to an IP address belonging to the new wife. Some legal experts argue using personal texting as evidence is an invasion of privacy, but if the court deems the content of the texts relevant to the case, they will most likely be admitted as evidence.

If your phone is part of a family account, then your wife has the right to review your messages and vice versa. In order for text messages to be admissible, you must also prove who wrote and sent the text.

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Figuring out how to authenticate text messages can be difficult. Certain messages might not even make much of a difference.

Documenting Text Messages for Trial or Legal Matters

Infidelity and divorce often go hand in hand, but most divorces are filed on no-fault grounds , so adultery is unlikely to have much of an impact on the outcome of the case. It might factor in when determining whether the cheating spouse is entitled to alimony, but even then it might be unclear what is considered adultery.

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In those instances, it might be necessary to subpoena cell phone records. However, the content of text messages is usually only kept by the cell carrier for two to three days so it is crucial to act as quickly as possible. Consult with your divorce attorney immediately so they can walk you through the process of how to subpoena phone records.