Can the text message be used as evidence of divorce?

Legal analysis: At present, there are seven kinds of laws in China, including documentary evidence, material evidence, audio-visual materials, witness testimony, statements of parties, expert conclusions and records of inspection. To evaluate whether mobile phone short messages can be used as evidence, we should first consider whether mobile phone short messages have evidence effect, that is, mobile phone short messages should also have three attributes of evidence: objectivity, relevance and legitimacy.

Objectivity means that evidence exists objectively as an objective legacy of the facts of the case that has happened, regardless of people's subjective will. The objectivity of evidence requires that the mobile phone short message must truly reflect the facts of the case and the content of the mobile phone short message should not have been deleted;

Relevance means that the evidence must be related to the facts of the case or other controversial facts that need to be proved. Specific to mobile phone short messages, because each mobile phone number corresponds to a unique user, mobile phone short messages can only be sent and received between two specific mobile phone numbers. In the absence of other evidence to the contrary, the sending and receiving of short messages between two specific mobile phone numbers can be regarded as the communication behavior of two specific users at a specific time;

The legality of evidence means that evidence should be legal in procedure, form and subject. Strictly speaking, for the source of mobile phone short messages, the following contents should be presumed to be examined: whether the evidence of mobile phone short messages is objective and true; Whether it is subject, time, place, process, object, etc. Whether the evidence collection of SMS is legal; Whether the evidence of SMS is illegally input and controlled by others.

To sum up, SMS can be used as evidence, as long as it is objective, relevant and legal.

Legal basis: Article 63 of the Civil Procedure Law of People's Republic of China (PRC). Evidence includes: (1) statements of the parties; (2) Documentary evidence; (3) Physical evidence; (4) Audio-visual materials; (5) Electronic data; (6) Testimony of witnesses; (7) Appraisal opinions; (8)

Interrogation record. Evidence must be verified before it can be used as a basis for ascertaining facts.