Yes. Across this great country, husbands and wives are busy in family courts providing incriminating text messages and other personal electronic communications to be used as evidence in divorce proceedings -- and it's easy to understand why.

Sometimes these texts can become front page news if they belong to someone famous. In one very well-known divorce case, Tiger Woods' "private" text messages to his paramours were somehow broadcast around the world. Members of congress have also been the subject of several of these text discoveries.

Remember, whatever texts you can get your hands on legally that is (i.e., without breaking into your spouse's house to get it), can and if necessary, will be used against the other person.

Some legal experts say using personal texting as evidence is an invasion of privacy and therefore should not be admissible in court. However, if your wife's cell phone is part of a family account, you have the legal right to review her messages.

On the other hand, it may be a crime to attempt to extract text messages from a phone that doesn't belong to you. As in criminal cases, admissibility of evidence is often based on how the evidence was obtained.

Even if you can find that red herring text, that smoking gun, you still have to prove that it was written by that person. Keep in mind though that nowadays, no-fault divorces are the norm. This means even blatant cases of adultery often have very little impact on the outcome of the case unless it can be proven that material assets were squandered on the affair.

Having said that, although it may sound cynical, it is always a good idea to have possession of such evidence so long as you legally obtained it. You never know, it can come in very handy when you are negotiating settlement outside of the courtroom.

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