Smartphone Evidence and your divorce case. Have you ever used your smart phone to send a nasty message? Have you ever sent that nasty message to your soon to be ex spouse? If you are heading into a divorce, or are in the middle of one right now, it would be foolish and costly to sabotage yourself with nasty messages using your smart phone. Unfortunately, in the heat of a dispute, that is exactly what many people do. If you wish to file for divorce and believe text messages or other postings may be used to impact the proceedings, an experienced divorce attorney can help.
Smartphone Evidence – The Problem
Nine out of 10 leading divorce lawyers report an uptick in the number of cases they have seen in the past three years in which smartphone evidence, particularly text messages and social media posts, have been used. The president of AAMI, a group of professionals who handle prenuptial agreements, separations, property divisions, and like matters calls the problem “spontaneous venting.” Many of the comments sent can lead to problems for the sender in a divorce proceeding.
While email typically gives the sender a bit more time to reflect before hitting the send button, it is one more way that people get themselves into trouble. When getting a divorce, remember: Anything in writing might someday make its way before a judge. If you do not want the judge to read it, you probably should not be writing it in the first place.
How can Smartphone Evidence Hurt Your Situation?
Messages you have sent and pictures you have posted may be used to show your state of mind, to reveal who you may have communicated with with or where you may have been, or even to indicate contradictions in your disclosures to the court. Also, in California, child custody decisions are made with the best interests of the child in mind. If you have revealed yourself to be a crazy maniac, or, worse, a threatening and potentially violent individual, it will not bode well for you in front of a judge.
Is Smartphone Evidence an Invasion of Privacy?
You have sent the text message or posted the comments and photos. Now they are on someone else’s device. If it has hot been deleted, it may be printed out and submitted to the court. Even if deleted, it is possible to subpoena the cell phone company to preserve the content of cell phone messages using the Stored Communications Act in conjunction with state law. Continue reading →