Evidence Taken From Smartphones Is Increasingly Being Used In Divorce Cases

smartphone as evidence

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.


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Tips of Divorce articles are written by our expert team consisting of a recent divorcee, the creator of the website, a lawyer, a journalist, and content managers who edit and publish the articles. All contributors to this site have been impacted by divorce in their family and/or social lives. Our writers come from a wide array of backgrounds to give insights not only into life during and after divorce, but also married life, being a child of divorce, handling the legal aspects of divorce, dating and cohabitating, and more! Divorce has become so commonplace that it's difficult to find anyone who hasn't been affected by it in some way. In fact, recent studies show that many young people avoid marriage out of fear of getting divorced down the line. Divorce truly has an impact on society as a whole, not only the individuals who are directly experiencing it. This is why we encourage our followers to contribute personal insights, stories, and thoughts regarding divorce so that we can gather knowledge and wisdom from various perspectives to be used for future tips to help others.

3 thoughts on “Evidence Taken From Smartphones Is Increasingly Being Used In Divorce Cases

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