A common question among couples getting divorced in West Virginia is whether they should be watching what they say around their soon to be former spouse. The simple answer to that is yes. The problem with just saying anything to your ex is that you don’t know what level of proof they’re going to have as to what you said. For example, if somebody else is around that you were unaware of and heard what you said to your ex, this could be an issue for you if you were inappropriate to your ex.
In this example, the person that heard what you said could testify in court. They may or may not be somebody who the court is going to take seriously, but they can be brought into court to testify against you and tell the court what they heard. The other reason you don’t want to just say anything is the fact that your soon to be former spouse could have some sort of recording device. They could have a recording device in their pocket and be recording you. It’s very important that you are careful about what you say. The best way to think about your conversations with your ex is that they are always being recorded so you are on your best behavior.
It doesn’t matter if you’re in the house and you know that there’s not anybody else around. The court may not necessarily take someone else’s word for what you said, but the job of the court is to assess what that person’s credibility is. Just because the person may not necessarily be credible, doesn’t mean that they can’t be brought into court to testify.
The court will look at what they have to say and they’ll weigh in on whether they are a credible witness or not. You need to assume that somebody else is around or assume that there’s a recording device around at all times so you can have the best chances of a better experience in court.
