According to the Institute for Family Studies, “phone distraction” represents a common cause of divorce in the United States. Couples who struggle with cell phone issues are more likely to become dissatisfied with their marriages, and they are four times more likely to divorce. Although cell phones can cause divorce, they can also play a role in divorce proceedings long after the initial filing. In the modern era, digital evidence is more common than ever before. When can spouses access cell phone evidence? What can cell phone evidence prove during divorce proceedings? The answers depend on the unique circumstances of each spouse, and spouses can discuss these factors during consultations with experienced divorce lawyers in South Carolina. Call (888) 748-KING to continue this discussion at King Law Offices.
Can You Access Cell Phone Evidence During Discovery?
A divorce takes the form of a lawsuit in South Carolina. Like all lawsuits, a divorce begins with a pre-trial “discovery” phase. The purpose of this process is to gather as much information as possible before litigation. This information may include cell phone evidence, and an individual can request it from their former spouse during discovery. According to the rules of discovery, a spouse must cooperate with these requests and hand over any information that might be relevant to the divorce. If they refuse to hand over the cell phone evidence, they may face legal consequences. They may also face court orders to comply with these “requests for production of documents.”
What if My Ex Deletes Cell Phone Evidence Before Divorce?
If a spouse decides to destroy or delete cell phone evidence, they could encounter serious consequences. Destruction of evidence before divorce proceedings is a serious misstep, and a family law judge can react in various ways. They might impose financial penalties or force the offending spouse to pay the legal fees of both parties. They may also impose legal penalties, perhaps dismissing claims made by the guilty spouse or ruling in favor of the other party. Perhaps the most important consequence is the total erosion of trustworthiness in the eyes of the court. A spouse who intentionally destroys evidence will struggle to make convincing arguments in the future due to their track record of deceit.
On the other hand, deleting files on a cell phone (or destroying the cell phone itself) may have little notable effect in the modern era. A significant amount of data today makes use of “cloud storage,” with hard drive storage gradually falling out of favor. The International Journal of Mathematics, Statistics, and Computer Science states that cloud storage is becoming increasingly popular due to its availability and accessibility. Even if a spouse attempts to delete or “spoliate” incriminating text messages, an experienced South Carolina family lawyer at The King Law Offices could simply contact the network provider and access the text messages from the databases of the company. Forensic professionals can also access files on a cell phone even after spouses delete them.
How Do I Save Cell Phone Evidence Before Divorce Proceedings?
Spouses might encounter potentially useful cell phone evidence before divorce proceedings begin. There might not be time to wait until the discovery phase, and spouses might worry about this delay before capturing the evidence. If a spouse finds themselves in this situation, they may be able to save the evidence independently – without legal assistance. A screenshot may be admissible in court, and it is easy to capture evidence in this manner.
One downside of screenshots is that they require constant monitoring of social media accounts, text messages, and other platforms. A spouse might use strategies such as “disappearing messages” and other ephemeral content – especially if they plan to conceal certain online activities. They might also delete their posts before their spouses have a chance to screenshot them.
Why Might I Need Cell Phone Evidence in a Divorce?
Cell phone evidence can help spouses prove various issues. These might include misconduct, the existence of hidden assets, and much more.
How to Prove Marital Misconduct During Divorce Proceedings
Spouses might use cell phone evidence to prove marital misconduct during divorce proceedings. This misconduct may come in many forms, including adultery, domestic violence, and child abuse. For example, a spouse might find cell phone evidence that clearly illustrates an illicit affair. If a spouse successfully proves that their ex was unfaithful, they might not need to pay any alimony in South Carolina. Proving domestic violence or child abuse with cell phone evidence may also help parents pursue positive child custody outcomes.
How to Prove the Existence of Concealed Assets With Cell Phone Evidence
Cell phone evidence could help spouses uncover concealed assets in South Carolina divorces. This evidence may also help prove that the assets exist, and it could allow spouses to access their fair share. For example, a spouse might discover that their ex has bragged about a lucrative cryptocurrency investment on social media. They might also find text messages that suggest the existence of an offshore bank account.
How to Prove Health Issues With Cell Phone Evidence
In addition, it may be helpful to prove the existence of health issues with cell phone evidence. For example, a spouse might find text messages that prove the existence of a serious addiction. This substance abuse problem could call the fitness of a parent into question, allowing the other spouse to gain sole custody.
You Can Only Request Access to Relevant Cell Phone Records
According to the rules of discovery, a spouse can only request documents that are relevant to the divorce proceedings. Cell phone records that are completely irrelevant to the divorce could remain confidential, and requests or subpoenas could be rejected for this reason. While a divorce can put personal lives under the microscope, spouses do not have free reign to search through cell phones with no restrictions whatsoever.
Contact the Experienced South Carolina Divorce Attorneys at King Law Offices Today
Cell phone evidence might be more useful than many spouses realize. Accessing this evidence is one thing, but employing it effectively could be more challenging. To carry out both of these tasks with efficiency and confidence, consider contacting a legal professional. Our legal team at King Law Offices have spent years assisting divorcing spouses, including those who need to gather cell phone evidence. Call (888) 748-KING to discuss the next steps in the divorce proceedings.