The Chicago Family Law Blog

Be Careful What You Tweet, Smart Phone Evidence in Divorce

Want custody of a child, but Tweeted earlier that the kid wasn’t yours? Claim you need money, but posted Facebook comments of planned cosmetic surgery? Say you're looking for a job, but spend all day viewing porn?

Smart phone evidence of all these behaviors is increasingly being used against individuals in divorce and child custody proceedings, reports The Kansas City Star.

Divorce lawyers are eager to see and use text messages, photographs, videos, email, Internet browser links, call histories, and even GPS tracking data when building a case against one of the partners in a relationship.

Previously, it was difficult to prove a lot of the private things said and done in a relationship. After all, an abusive partner can intimidate a spouse and child in private, but in public display a charming and loving demeanor. During a trial, complaints of abuse could be mis-portrayed as just "he said, she said" in a bitter fight, and not as anything more serious.

But now with smart phone evidence, degrading comments, attempts at humiliation, and admissions of abuse may be documented and a complaining spouse will have hard evidence to support his or her arguments, reports the Star.

In fact, in a recent survey of more than 800 divorce lawyers, 92 percent said they've seen more cases during the last three years using evidence taken from iPhones, Droids, and other smart phones.

Previously, in a bitter divorce fight, couples could hide behind the privacy of their bedroom walls. Now with smartphone evidence and other digital evidence, these walls are being knocked down as divorce lawyers and judges have a better glimpse of what really goes on.

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