Many people are surprised to learn that a divorce lawyer can quote Snapchat, Facebook and text messages.
Divorce attorneys
can cite information from any application in which messages are stored or required to obtain this information. Yes, a lawyer can cite your phone records. Divorce attorneys often cite phone records during the discovery phase, which occurs before a divorce trial begins.A lawyer or spouse may cite information during this time to learn more about the opposing party's financial situation and other sensitive issues. Cell phone records can be used to prove adultery in a divorce case. However, adultery is grounds for divorce only in states that allow “at-fault divorces”. You or your lawyer can cite records from social media platforms such as Snapchat, Facebook, Instagram, etc.
In some cases, you may ask your spouse to provide your message or post history. However, if they refuse, you can still cite the information. Courts increasingly allow evidence to be entered on social media during the discovery phase of a case. Data from texts, emails, photos, tweets, resume information (from sites like LinkedIn) and even Snapchat and Instagram stories with their disappearing act can be used by lawyers in a court of law.
Evidence based on social media could be the next big thing, although people are rarely informed about this small fact and often don't pay attention to what they post on their Facebook or Twitter accounts. If you are unsure about your state's divorce citation guidelines, it will help you to contact an experienced family law attorney to discuss your case in detail. Given the growing reliance on electronic communications as evidence in divorce and custody matters, carefully consider the following principles before hitting the “publish” button in your last Tweet or Facebook post. We provide advice on divorce law, divorce attorneys, family law, custody, support and other divorce-related issues along with a directory of divorce professionals.
Divorce attorneys can cite phone records to access information that might be relevant to a divorce proceeding. Individuals facing complex and controversial divorces should consult with a divorce attorney to ensure that their rights are protected and adequately represented in a legal proceeding. Since this information can significantly affect the outcome of a contested divorce, most states allow spouses to cite phone records and other confidential information during a divorce. Also, if you're working with a lawyer (which most professionals recommend), you can expect to pay a lot more in legal fees.
If one spouse believes that the other is hiding relevant information, your divorce lawyer can easily request your records. However, legally obtained text messages may be admissible depending on the circumstances of the divorce. If you're citing your spouse's phone records or if your information is being cited, it's predictable that your divorce case won't be easy. Subpoenas can be a useful tool when one or both partners are not honest about the information relevant to the divorce.
Divorce proceedings can be complicated and emotionally draining for all parties involved. It is important for individuals going through a divorce to understand their rights and how they can use evidence from social media platforms such as Snapchat and Facebook in court proceedings. Knowing how to properly cite phone records and other digital evidence is essential for anyone involved in a contested divorce. It is important for individuals facing a contested divorce to consult with an experienced family law attorney who understands how to properly cite digital evidence in court proceedings.
An experienced attorney will be able to advise you on how best to use digital evidence in your case and ensure that your rights are protected throughout the process.
