Only a few years ago, most communications were face-to-face and in person, secondarily by phone or letter. Most of these allowed time to pass between a thought and transmittal to a third-party. The first two forms of communication were hard to memorialize (i.e., record in audio or video format). This kept ill-conceived statements to a minimum compared to present before a “cooling off” period and minimized stream-of-consciousness communications—where the thought is not complete or communicated in a context.
Today, all of that has changed, as most any Google search on the topic will confirm. Most communications are made in real time and instantaneous with the thought--literally as fast as your fingers can text, type or post. If you are embroiled in divorce proceedings or post-divorce (or paternity) custody matters, then this may inadvertently lead to your “digital demise.” Most lawyers have faced a damning email or text that is clearly banter, blowing off steam, dark humor, or reactionary and not an accurate reflection of the person and legal context broadly.
Nevertheless, the best police officers, judges, and lawyers are human. They are arms of the law and keep our society functioning. It is easy for the best of these fact finders to be swayed by such texts and email materials. Thus, in divorce proceedings and life in general, it is critical to think before you (insert “communicate” for “speak”). Think of the worst email or text you ever wrote was on the front page of the paper. It just might be front and center in your divorce case.
Silence is sometime a great gift for divorcing spouses and the children—and the case objectives. This blog post was written by attorney Bryan L. Ciyou, Ciyou & Dixon, P.C. Ciyou & Dixon attorneys practice throughout the State of Indiana.