We all get frustrated with people when we are driving down the road and they are not paying attention and just blabbing away on their cell phones, or when someone rudely answers their phone in a quiet movie theater and begins to have a conversation. Unfortunately, the majority of the population now has access to a cell phone.
Some people even have more than one cell phone, and it is crazy to think about how much information is transmitted from one phone to the next.
A person can tell a lot about another individual by simply looking into their cell phone. They can see who they talk to the most, which they are in a relationship with, people they are angry with, and the information goes on forever. The creation of the Smartphone has even made it possible to store much more of history in your cell phone than you ever have before.
The cell phone has now become a prime target for those that are fishing for information when they are considering divorce. There is a large amount of information that can be discovered on a cell phone in regards to affairs, extravagant expenses, or abuses of marital property. The lawyers will use this information when they are involved in a divorce proceeding in order to try and help their client to receive what is due to them.
Florida is what is considered to be a no fault state in the matter of divorce. That means that either party can file for divorce without having to prove that someone was at fault. This means that the information that is discovered from a cell phone will not be used in order to file for the divorce, but will be reserved for later in the divorce proceedings.
The two biggest things that couples fight over during the divorce proceedings are the custody of their children and the division of the marital assets. This is where the cell phone history will come into play. The lawyers will use any information that they can find throughout the cell phone history to try and prove if there was an affair, abuse, violence, unstable behavior, or extravagant use of the marital assets.
The reason that the lawyers will want to bring this information to light is to simply prove that one spouse may not provide a suitable living situation for a child, and therefore their custody should be limited. They will also want to prove if a large amount of money was spent on anything outside of the marriage such as gambling, to support and affair, or even vacations or personal gifts that were not to the benefit of both parties in the marriage. This means that when the courts are deciding on the division of assets that they will take into consideration money that was spent during the marriage for one party but not the other and will in turn decrease the amount that is awarded in the division.
Divorce attorneys agree that preserving text messages may be difficult. If a client thinks that a particular piece of cell phone evidence may be useful in future litigation, the client should not rely on the cell phone company to keep records of text messages or emails. It is often the case that most cell phone companies do not keep this type of records. It is recommended that clients preserve important text messages by saving them on their telephones and either taking a photocopy or digital photograph of the incriminating text message.
ABOUT THE AUTHOR: William Dorsey
The Dorsey Law Firm represents clients who need services regarding family, criminal and personal injury law. The Dorsey Law Firm is located in downtown Jacksonville, Florida.
Copyright The Dorsey Law Firm
Disclaimer: While every effort has been made to ensure the accuracy of this publication, it is not intended to provide legal advice as individual situations will differ and should be discussed with an expert and/or lawyer. For specific technical or legal advice on the information provided and related topics, please contact the author.
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