Family Matters.
When It Really Matters.

How Can a Cell Phone Impact Your Carlsbad Divorce?

On Behalf of | May 11, 2019 | Divorce

How can modern technology such as your cell phone impact your Carlsbad divorce?  Electronic trails may help to prove the existence of non-disclosed financial accounts, domestic violence and the existence of emotional abuse and controlling behaviors.  What information can electronic records provide and how could it affect crucial outcomes such as child custody or property division?

Text messages and emails in the heat of an argument can become quite abusive and reveal character traits and other important information regarding the other party in your divorce.  This information is almost always admissible and impactful.  People going through a divorce often post information to social media sites such as Facebook, Instagram, Snapchat and even LinkedIn.  It is common for your attorney to investigate online sites and social media activities of your former spouse to find information that supports your goals and objectives.

How else can a cell phone impact your Carlsbad divorce?One of the least known sources of electronic data in your cell phone is the GPS data stored within most smart phones.  This important information can be submitted as evidence of your location at a specific time and date.  This can be an important defense in cases of alleged domestic violence where one party is attempting to assert abusive claims in order to gain control over child custody.  The GPS data may help to prove your whereabouts and that you were not anywhere near the area at the time(s) of alleged abuse.

This data can also be important when you are concerned about the location of your children during visitation periods with your former spouse.  If you are concerned that your child may be at risk for or is being taken out of the area, out of state or out of the country (i.e. to Mexico) during visits consider giving your child(ren) a smart cell phone.  The GPS data can show violations of child custody orders and protect your child from relocation or abduction.

Text messages are another important source of evidence during discovery in a divorce case.  If you are a party to the text it is generally admissible and may be directly offered into evidence.  If you believe your former partner is texting and the context or substance of those texts are relevant to property division or child custody it may be extremely difficult to compel texts from either the former spouse or their technology provider.

The net lesson a person must consider when entering a divorce is simple: How can modern technology such as your cell phone impact your Carlsbad divorce?  Carefully monitor your cell phone use including text and email communications as well as social media posting behaviors.  If you tend to become upset during email or text conversations put your phone away and consider abandoning the conversation altogether or coming back to it when the emotions of the moment have passed.  Your cell phone may actually provide testimony against you in divorce court.