Can threatening text messages be used as evidence for divorce?

Legal analysis: Mobile phone text messages can be used as evidence and belong to the type of documentary evidence in evidence. It is quite common for text messages to be used as evidence for parties in divorce cases. For example, proving that the other party is having an affair, or proving property ownership, etc. Courts have not yet formed a general understanding of the validity of text messages, and mainland courts rarely make representative judgments on this issue. Mobile phone text messages are different from emails. Mobile phone text messages have the characteristics of authenticity, objectivity, difficulty in modification, and the closed nature of flash memory. At the same time, the content of text messages is not easy to be attacked. General mobile phone functions cannot modify the content of text messages. In addition, mobile phone text messages are relevant in two aspects. First, each mobile phone number can only be sent and received in one place. There is the sender's mobile phone number, time, content, and sometimes name. The mobile phone number can be found through the text message content, which is related to the case; secondly, two Number sending and receiving are specific and corresponding. From the perspective of the legality of mobile phone text messages, you must go through legal network access procedures or cards. After completing the procedures, you can use them legally and receive text messages legally. Therefore, if the following conditions are met, the court still has a basis to use text messages as valid evidence: (1) Protect the text messages in your hand from being deleted; keep them well so that there is a certain amount of storage space for the content on your phone; (2) Fix them and have them notarized by personnel from the notary office. Once it is extracted into written form and notarized, it has the legal effect of proof. The other party must provide considerable evidence to overturn it. In most cases, the notarized certificate is accepted by the court. (3) During litigation, submit it to the court, and the court will make a transcript on the spot. When applying for the certificate, be sure to save the model and brand of the mobile phone. This can prove that the contents of the mobile phone cannot be modified. This must be notarized.

Legal basis: Article 63 of the "Civil Procedure Law of the People's Republic of China" Evidence includes: (1) Statements of the parties; (2) Documentary evidence; (3) Physical evidence; (4) Audio-visual materials; (5) Electronic data; (6) Witness testimony; (7) Appraisal opinions; (8) Inspection records. Evidence must be verified to be true before it can be used as a basis for determining facts.