Today’s technology is so advanced that carrying a cell phone is almost
like carrying around a super computer. The memory capability of even an
average cell phone is great. Everything from text messages, to emails,
to the applications you access can be called up at a moment’s notice.
This is reason enough to keep information off of your cell phone that
you would prefer to keep private. And, if you are in the middle of a divorce,
the information contained in your cell phone or saved to the cloud, may
be used as evidence in your case.
Every time you use your phone, a record of your activity is made. If your
actions may cause question about your fitness as a parent, or indicate
where assets have been hidden, your spouse may use that information in
a divorce case. What this might mean is that the property distribution
is different than you imagined, or the parenting plan you desire may not
be as you originally requested. Of course the same can be said of your
spouse, and if you have reason to believe there is damaging information
on your spouse’s phone, you can ask for the records. You can even
track your spouse by using the cell phone’s GPS feature, which comes
in handy when trying to locate where assets may be squirreled away.
The possibility of obtaining and using cell phone data in a divorce case
is a relatively new concept. In years past the need to call on professional
private investigators or others was the only way to “dig up the
dirt” on your spouse. Today,
Courts have allowed parties to use a cell phone in this role and make it easier
and more economical to obtain the information you need to prove your case.
And, if the technology is beyond your capabilities, there are electronic
experts that can help you get the information you need. But, keep in mind
that there may be restrictions on what exactly you can access, as privacy
concerns continue to grow as more and more litigants are turning to electronic
data as evidence.
For more information about the role your cell phone data plays in a divorce case,
call an experienced family law attorney for answers to your questions.