Legal Question in Family Law in Georgia

Yahoo Messenger used as evidence

Can a person use copies of yahoo messenger conversations as evidence in a divorce to prove adultery? The two parties that had the conversations on yahoo messenger had not met in person and only typed their messages to one another. Can this be used against either party in a divorce hearing or is this something that doesn't stand up in court?


Asked on 2/28/06, 4:15 pm

2 Answers from Attorneys
Charles W. Field Charles W. Field, Attorney at Law

Re: Yahoo Messenger used as evidence

I am not sure how you go about this (possibly a subpoena to Yahoo), but if you can get the messages and get them authenticated (i.e., get the two parties to admit they are genuine or get Yahoo to get someone to give a deposition or answer interrogatories that they are true), then I think they can be used. You should consult with a local attorney to discuss this further.

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Answered on 2/28/06, 4:21 pm
Glen Ashman Ashman Law Office also dba Glen Ashman Attorney

Re: Yahoo Messenger used as evidence

Proving that the conversation happened would be a likely roadblock. You'd probably have to subpoena Yahoo. Proving who was using the messenger might be a problem as well. And since adultery by law would require physical contact, an online conversation alone would at best show cruel treatment if that.

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Answered on 2/28/06, 4:48 pm


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