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Cellphones increasingly used as evidence in divorce

On Behalf of | Feb 15, 2012 | Firm News

Those going through a divorce are increasingly using evidence on their cellphones to help their cases.

A selection of divorce lawyers recently took a survey, and results showed that 92 percent believe the devices are being used more to capture and display evidence through text messages and voicemails. The lawyers said text messages have been the main thing that has increased during cases. This testimony helps prove couples are keeping things sent from one another, if not just to hold each other accountable at any time.

According to the president of the American Academy of Matrimony Lawyers, cellphones provide a valuable way to document incidences of arguments, especially because people tend to use their phone during emotional tirades toward the other person involved.

Written evidence, like texts, is the best way to prove intent and emotion. Also, it can help prove who said what and when before or during the divorce process.

Allegedly, texts make up 62 percent of evidence in cases, emails make up 23 percent, call histories make up 13 percent and Internet and GPS search histories make up about 1 percent. Facebook and other popular social media websites have also come into play in other countries to help gather evidence. Also, 81 percent of lawyers in the United States said they have seen a staggering increase in evidence collected through social media networks since 2010.

The president of the AAML added he believes the amount of information collected through social media and cellphones will only increase as time goes on, especially because they have become a primary form of communication.

Source: MSNBC, “Divorce lawyers see more phone evidence, especially texts,” Athima Chansanchai, Feb. 10, 2012