Anything you say can and will be used against you in a court of law. While you mostly hear those words in the context of crime, it is still wise to remember them when you are going through a divorce. The things you say to your spouse can easily come back to haunt you in court, especially when a divorce is contentious.
Does that mean that you should never speak to your spouse during divorce? Of course not. There are plenty of matters in a divorce that would be easier to figure out if both parties are on speaking terms. However, when you should speak to your spouse and what you should say are both very important considerations to make.
When To Talk To Your Spouse
You should only communicate with your spouse if the communications are to be positive, important and cordial. Feelings can run a little hot in divorce ”“ it happens, it’s normal ”“ but you want to keep a level head. If you act hateful or threatening, that will hurt you in divorce court in matters such as child custody.
Another thing to keep in mind: if you are speaking to your spouse through texts or emails or anything like that, it is wise to keep accurate and thorough records about these communications, especially the ones that involve important aspects of your divorce, such as visitation schedules, medical details or tax returns. As far as actual phone calls, you can record those as well without the other party’s consent in Colorado, but if the divorce is between two states, you should refrain from recording phone calls unless your spouse is also in a one-party consent state.