Q: Lets say you have a client that sent lots of mean text but ex husband was sexting. No fault state but both bad texters?

A: Under California law, which is a no-fault divorce state, issues like infidelity typically do not influence the court’s decisions regarding divorce settlements, including the division of assets and alimony. Therefore, bringing up your ex-husband's sexting might not have a direct impact on these aspects of your divorce.

In handling cases where both parties have sent inappropriate or offensive messages, presenting these communications can sometimes help demonstrate the dynamics of the relationship, especially if there are claims of emotional abuse. However, focusing solely on text messages may not sufficiently address the complexities of emotional abuse or lead to a significant shift in how matters like child custody or spousal support are decided. It's important to provide a broader context that shows the overall nature of the relationship, not just isolated incidents of poor communication.

If you choose to present the text messages, it might be effective to frame them within a larger narrative of the relationship’s communication patterns, rather than just trying to "neutralize" the mean texts with evidence of infidelity. This could involve creating a clear, organized presentation of the texts that highlights key themes or issues without overwhelming the viewer. Digital displays or poster boards can be useful for this, allowing the information to be digested visually during proceedings. This approach should be carefully crafted to avoid appearing vindictive or petty, which could potentially backfire in court.