How the Use of Smartphones Can Affect Your Divorce Case

Posted on May 15, 2012 by Hofheimer Family Law

Technology is supposed to help, but in a divorce case, it can hurt you. We often use our smartphones in everyday life – to email and text, surf the Internet, make calls and update social media. But because your phone can remember your activities, it can be a record of your actions. These records can be used against you during a divorce case, with the permission of your divorce lawyer.

According to the American Academy of Matrimonial Lawyers (AAML), more than 90% of lawyers have seen an increase in the use of smartphones in divorce cases. Smartphones are especially helpful in accusing a spouse of adultery. An estranged spouse may get a hold of the other spouse’s cell phone and look through text messages and call histories to reveal messages to members of the opposite sex.

But will evidence on a smartphone hold up in court? This may depend on your divorce lawyer and their stance on using phones, but for the most part, yes. Smartphones are considered written records of someone’s thoughts and actions, as if they were written down in a journal. Many spouses are also using Facebook, including status updates as evidence in their divorce cases. In addition, estranged spouses also can use the cameras on their smartphones to take photos of their spouses caught in the act.

If you have questions about how smartphones can help or hurt your divorce case in Virginia, you need an experienced divorce lawyer. Contact the law office of Hofheimer Family Law Firm today at 1-757-425-5200.