Kanye West is trying to have his Instagram posts deemed inadmissible in his divorce from Kim Kardashian. Keep reading to learn more about West’s complaint and why you should think twice before you post.
Why Kanye West Is Requesting His Instagram Posts Be Deemed Inadmissible
Only certain kinds of evidence can be presented in court. In general, evidence can only be admitted or used in a trial or court case if relevant to the case. It also must not be:
- A waste of time
- Prejudicial (designed to bias the judge or jury in ways unrelated to the matter at hand)
- Based on hearsay
For evidence to be relevant, it also has to be shown that it’s connected to the situation at hand. In other words, it has to make facts of the case either more or less likely, and those facts have to be important to decisions made in the case.
That’s why West is petitioning to have his Instagram posts deemed inadmissible. Kardashian is currently petitioning to have her marriage to West officially ended before they finish disentangling their finances. One of her significant arguments rests on some inflammatory and defamatory comments made from his Instagram account.
In these posts, someone writing from West’s point of view heavily antagonized Kardashian, insulting her and making negative comments about their marriage. Kardashian has used these comments to make it clear that her marriage with West is unhealthy and that it should be ended as soon as possible.
As the account is owned by West, and the comments were written from his point of view, it was obviously assumed that he was the author. However, he is now claiming that “his friend” wrote and posted the comments, not him. As such, his legal team argues that unless Kardashian can prove that West wrote the comments, they should be considered inadmissible, and she cannot use the posts as proof that the marriage should be ended sooner.
Why “Admissible” Evidence Matters
Evidence makes all the difference in contested divorces. Whether you’re working with a public or private judge, evidence is how you support your arguments. Strong documentation is excellent for your claims, while weak or inadmissible evidence can make it much more challenging to get a judge to see your side of the argument.
Suppose you’re in a contested divorce and your spouse wants complete ownership of your home. The admissibility of your respective evidence suddenly becomes paramount. For instance, if your spouse presents admissible testimony from neighbors and family that you never lived in the house, that’s a heavy blow against your claim. On the other hand, if you can prove that those neighbors or family have no way to know whether you lived in the house, you can have that testimony deemed inadmissible and retain your right to the home.
Many kinds of evidence like this may come up in your split. Common types that may or may not be admissible in a divorce include:
- Legal contracts such as prenuptial agreements
- Financial documents such as bank statements, pay stubs, and mortgage contracts
- Medical records (for proving abuse)
- Personal communications such as emails and text messages
All these kinds of proof need to be shown to be relevant and valuable to the case to be admissible, so it’s essential to make sure you present them carefully.
How to Ensure Your Evidence Is Admissible
So, how do you actually make sure the evidence you want to use is admissible in court? The most important rule is to be honest. Even if you have the best intentions, courts frown on altering evidence before it’s submitted. Here’s what you can do to make sure you have the best chance of having your proof accepted.
- Get records directly from professionals. Whether you need legal contracts for proof of ownership or medical records to prove abuse, you should always get copies directly from a professional. Get certified contracts or financial documents from your bank or attorney, and have medical records verified with a cover letter from your doctor. This helps demonstrate the integrity of what you’re submitting.
- Don’t edit documents. Sometimes evidence against your spouse may not portray you in the best light, either. Still, it’s best to be honest. Don’t edit documents to make yourself look better since this is considered “tampering” and could get you in real legal trouble.
- Don’t leave anything out. Similarly, conveniently “forgetting” to submit certain financial documents while remembering to turn in others is not a good idea. You want to show the court that you’re operating in good faith. It’s better to submit all necessary documents rather than try to leave out requested evidence.
Fight Your Legal Battles Proactively
The ins and outs of things like admissible evidence are complicated. However, they can make all the difference in whether you get the outcome you want from serious legal proceedings.
If you suspect you’re going to wind up in a contested divorce, you should get help now to handle these kinds of legal considerations. It’s better to have legal assistance from the beginning, so these issues don’t surprise you halfway through the proceedings.
An experienced divorce attorney understands how to navigate these problems and what to do to ensure you get the best possible outcome. If you’re ready to prepare for a difficult split, you can reach out to the experts at Kaspar & Lugay, LLP, for your Discreet Consultation.