Cell phone records and divorce in michigan

This is something that you have to be very careful about because the recovered information is often admissible or usable during the divorce. Any cell phone records and bills that are gathered can be used in several ways during a heated divorce. The bills can be used to show calls to people in order to prove infidelity.

The same is true of cell phone call records from the carrier.

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The information can be used during a trial to prove certain points. It can also be leveraged by a lawyer during settlement negotiations to put the spouse in a stronger position. Much of the technology for communicating today is interconnected. You need to worry about more than just your cell phone records and bills.

1. Sources and Types of Digital Data

You should be worried about emails and social media as well. Those records could also be copied by a spouse during a divorce or subpoenaed through the courts. There could potentially be damaging information in those accounts. The information might not even be damaging although a spouse will work hard to misinterpret it.

There is no way to protect yourself against being served with a subpoena for cell phone records outside of hiring a divorce attorney. You do want to take precautions to prevent your spouse from having easy access to your devices, bills and accounts. Keep your cell phone in a secure location or on your person at all times. Change the passwords on your social media and email accounts. It contains a vast wealth of knowledge about you.

Even records of your lists, thought, notes, and conversations. Probably far more than you even realize.

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Now think about a divorce proceeding. About husbands and wives trying to prove that the other one is guilty of something that warrants a larger spousal support payment. You get the picture…. Cell phone forensics are a fast growing aspect of divorce cases these days. There is an overwhelming amount of information that can be harvested from your smartphone.

Oh, and your pictures. Enough said. Text messages are probably the most common source for data that can be used in a divorce case. Most people nowadays have a multitude of apps on their phones , providing a rich history of communications with others and personal information.

In this digital world, most of us can hardly go a day without using our phones. Getting directions, checking email, taking pictures, looking something up online , we use them for everything. VERY careful. There are three main reasons why courts tend to view social media in this way. A person who obtains electronic communications without the proper legal authority may be subject to legal sanctions and any evidence that was collected may be subject to exclusion.

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Proof of Cheating Through Cellphone Use

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Second, or secret, cell phones Some spouses purchase second phones to communicate with the person they are cheating with. Authenticating the evidence Whenever evidence is presented in a divorce case, it must be authenticated.

The most straightforward way to accomplish this is for the person to admit that he or she authored the communication. Another method is to have an eyewitness confirm seeing the person write the text or email. A third method is through the use of circumstantial evidence. For instance, if an email contains information that only the alleged author would know, then it is reasonable to conclude that the individual is the author.