As technology advances, it provides more types of evidence for attorneys to use in litigation. According to a recent study from the American Academy of Matrimonial Lawyers, text messages are increasingly being used in divorce proceedings. In fact, the study revealed that text messages were one of the top three most common forms of digital evidence.
So, you may be wondering, how do I get access to my spouse’s text messages? There are two primary ways to do it. First, you read them directly off of her cell phone. Second, you can try to extract them from her phone, which can sometimes be done even if the message has been deleted. However, reading the messages directly from her phone is by far the easier route to take.
Before you go snooping into your spouse’s text messages you should check the laws of your state. In some jurisdictions it may be illegal to go through somebody’s phone without permission. Additionally, the act may also result in the evidence you find being inadmissible in court.
Many cell phone companies state that they do not save or have the ability to extract text messages. However, most companies store text messages for a certain period of time to ensure they are delivered. Thus, getting a subpoena in time to recover the stored messages can be difficult.
You must also consider whether incriminating text messages, if recoverable and admissible, would make a difference in your divorce case. For example, if you discover your wife has been unfaithful and you have undeniable digital evidence, it may not matter if you live in a no-fault state. Of course, having this type of evidence may help you when it comes to negotiations outside the courtroom. When a spouse feels guilt, it can result in a more favorable settlement for you.
You must remember that text messages can also impact your fight for custody of your children. If you send an angry text to your spouse, the message can be used as evidence that you have anger issues or that you are not a good influence on your children. Remember, you do not want to provide your spouse with any ammunition to use against you.