The content of emails can serve as evidence in court proceedings, so take care to be judicious in who has access to your emails and how you express yourself within them. Taking the following advice into account can help you use email in a way that protects you and keeps you on the best path for a favorable outcome.

Update Your Password Security

When beginning the process of a divorce, it’s crucial to change shared or commonly used passwords for email accounts. You may also want to consider protecting the passwords to your personal financial accounts. Don’t use personal facts for passwords that could be easily guessed by your spouse, such as, pet or child names or birthdates. Turn off all auto-save options in your browser, and create new logins to protect your privacy. It is also recommended you create a separate email address specifically for communications with counsel and other elements of your case. This will also help with organizational aspects down the line.

Maintain A System for Your Emails

Emails between yourself and your soon-to-be-ex may become important in the evidence gathering stage of your divorce. Save email exchanges between you and your spouse. Create a system allowing you to easily and quickly refer back to them by utilizing labels and categories within your inbox. Make note of the dates of important correspondences. Emails are not only for showing factual elements, but they can also be important in proving behavior. Your spouse’s emails to you can be used in your favor to show patterns of unreasonable behavior or disrespect, especially in proceedings that relate to child custody.

Protect Your Privacy & Privilege

Communications you may assume are private can become discoverable or used to your disadvantage, if you are not mindful of security issues.

When using email for communication between your spouse and counsel, make sure you send responses from a private account, not one associated with your work. A work account is less secure. If your work product and computer both belong to your employer, management can read your emails. It’s also risky to continue using a work email from a business you and your spouse manage together. Opposing counsel can have easy access to these emails during discovery.

Don’t cc or bcc anyone on emails between you and your attorney. Sharing an email with a friend or family worker can destroy privilege between you and your attorney.

Be Clear in Your Email Communications

Text is an easily misunderstood medium. You don’t want your intentions to be left up to the interpretation of another. Judges are not all-knowing, and an email can be confusing without context. When corresponding via email with your spouse, don’t leave room for confusion. Be as brief and precise as possible. If the subject matter is difficult, don’t send the email immediately. Read it again later with fresh eyes so you can ensure it truly communicates what you meant. 


If you abide by these guidelines, you’ll spare yourself frustration and complications in the future. Are you ready to file for divorce or has your partner filed papers? Give us a call at 714.456.9118 or send us an email at We look forward to helping you through this difficult situation. 

Courtesy of Cuselleration

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