We all know how ugly some divorce proceedings can get. Certain parties will do or say anything to get what they want. And yet, with the advent of smartphones and text messaging, lawyers are finding valuable information about the spouse right on the spouse’s phone.
The warnings have long been out there, but you need to be extremely careful how you use your smartphone, especially if you are going through a divorce. Your usage history, text messages, emails, Facebook posts and tweets, sit forever in cyberspace just waiting to come back and haunt you during your divorce or child custody proceeding.
More and more courtrooms are finding use for those messages and bringing them to light as incredibly damaging evidence. Even the simplest text message can be taken out of context and used against a sender or recipient, which can make a contentious divorce even more challenging.
A text message or email represents can help your soon-to-be ex-spouse prove his or her allegations against you. Text messages and social media posts have been called the “digital lipstick on the collar” as they leave their footprint everywhere. Smartphones are exceedingly dangerous as they can track the user’s whereabouts by using the phone’s built in GPS device.
A spouse that is dealing with marital issues, and specifically a divorce, should be particularly careful with words and actions. Commonly used tactics are to avoid putting anything in writing that could be used against the author or the writer’s interests. Voicemails can also be particularly damaging. It’s important to have a clean and positive image throughout any divorce proceedings.