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Smartphone divorces becoming more common

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Couples currently going through a divorce have been warned over the use of the smartphone, after research in the US found that texts are increasingly being used as evidence in divorce proceedings.

According to the American Academy of Matrimonial Lawyers (AAML), over 90% of America’s top divorce attorneys said they have seen a spike in the number of cases using evidence from iPhones and other smartphones in the past three years.

The rise in texting evidence follows a similar trend two years ago when the AAML noticed a surge in evidence from Facebook pages.

“With emails you can think about and rewrite them. There is a window of opportunity to rethink what you are saying but text messaging is immediate,” said Ken Altshuler, President of the AAML. “We get a lot of text messages that people send out without thinking.”

Texts can often be a form of “spontaneous venting”, added Mr Altshuler, but they can come back to haunt people because they are written records of someone’s thoughts, actions and intentions.

“I have used text messaging for cross examination,” said Altshuler, who has also submitted texts as evidence. “I would say in the last six months there have been a lot of text messages involved in litigation. For whatever reason, people are texting more and not thinking about what they are texting.”

Text messaging was the most common form of divorce evidence taken from smartphones, according to the AAML poll, followed by emails, phone numbers, call histories, GPS and Internet search histories.

In turn, Mr Altshuler has advised his clients not to use Facebook, but added that only about half follow his advice.

“Anything that is in writing, you have to assume that someday a judge is going to see it,” he added. “So, if it is not something that you don’t want a judge to see, don’t write it down.”

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Written by Andrew Hodges

April 3, 2012 at 2:53 pm

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