A recent survey has revealed that evidence from smart phones has increased in prevalence within divorce cases over the past 3 years. Over 92% of the nation’s top divorce lawyers have claimed to see an increase in this type of evidence in their courtrooms. Evidence from text messages is the most prevalent, and emails are the second most common. Text messaging is steadily becoming the most common form of communication because it can be done more discretely than speaking over the phone and so can be done more often.
Unless someone is audio recording a telephone conversation, speaking over the phone usually bears no evidence because then it’s only a matter of “he said, she said”, which usually won’t hold up in the courtroom. Texting and emailing are written forms of documentation that can be easily saved and shared with others. Texting also gives specific information as to who sent the message and when that person sent it. It’s very difficult to argue against this type of evidence because saying that you didn’t send a text when it’s available for everyone to see wouldn’t be believable.
If you think that you’re being sneaky by texting, keep in mind that these messages can be used as written documentation. And just because you have deleted your past messages, doesn’t mean that the person you’ve been texting has done the same.