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Can Cell Phones Be Used in a Divorce

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In this technologically advanced world where if you do not at least have a cell phone you are thought of as backwards, where most people have either a tablet, PDA or cell phone in their pocket, purse of attached to their belt, when it comes to divorce, these things are considered weapons because of the e-blogging, voice messages and texts messages. Smart phones, which are not very smart when it comes to divorce, lend to the temptations of telling everyone on your Twitter or Facebook friends list all about your divorce, they also lend to tempt one ex-spouse to be to text the other.

The smartest thing you can do with your smartphone is to calmly lay it down, take a deep breath, walk away and give the matter much thought. The reason being, all these texts messages and posts can be brought into a divorce case. As to whether they are admissible in court is still somewhat murky. Twitter and Facebook posts and texts messages are all very difficult to find out who the real author is and it is unfortunate that Facebook and Twitter consider this a joke that a phone left unattended is €fair game€ for hijacking and the posting unfriendly and negative messages on a €friend's€ profile page. It is therefore possible to deny posting negative messages or texts when you do not have total control of your cell phone every minute of every day. This is especially true of phones, which have auto posting and sign in features that do not need a password.

Unless you have control of your cell phone every moment, anyone can pick it up and use it for any purpose they want. The reality is, only teenagers would do that, because adults keep control over their phone unless it is lost or stolen in which case there would be a possibility that they could not claim ownership of a tweet or Facebook post. Texts are different and not easy to disclaim because they are most always sent in real time; meaning that the people sending and receiving the messages are no doubt involved in an ongoing conversation. People can also save texts messages as a €page gif€ or a photo of an open text screen in which there are €bubbles€ of the conversation to and from and with the names of the two people and their phone numbers, which identifies both people in the conversation.

Text messages are much easy to validate who the author is and the contents of the messages will be easier to bring into a court case. In the case of one or both of the people not having made a record of the texts, there is some bad news and some good news, but your perspective will determine if you like it or not. The bad news is that the contents of text messages cannot be retrieved from the cell company. This is because they already have so much data to manage, text contents are deleted. The good news is that cell companies do keep on record of phone numbers each cell phone contacted and with that information, the court can surmise the level of contact the two phones had, plus the owners are easier to identify.

This is also an issue of showing your texts to someone else like a sister, brother or parent, the person who wants to see the information must have either your permission or the other person's permission. It is not certain as of yet whether the courts will be able to subpoena screen grabs of texts, but this is definitely something to look at for the foreseeable future. If you do not think you will be able to resist the temptation to post information about your divorce case to social media sites or text your future ex, the best thing you can do is to stop texting and close your social media sites for the duration of the divorce proceedings. That way you can be sure not to leave a €paper trail€ of things you say. You are also advised not to discuss your divorce at all, least that person be called into court as a witness against you.
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