In today’s modern world, going anywhere without a cell phone feels like you’re missing a part of you. We use our cell phones for just about everything, and bring them just about everywhere we go. Our cell phones also conveniently save all our data for us, things like call history, messages, emails, and sometimes even location history. That’s great! Right?
It turns out to be somewhat of a mixed blessing for people going through a divorce. If you have reason to believe there is damaging information on your spouse’s phone, you can ask for the records. There are certain behaviors which can affect a court’s decision regarding your spouse’s fitness as a parent, or you may find clues as to the location of hidden marital assets. You can even theoretically track their movements using the phone’s GPS feature. This kind of information can seriously affect division of assets, complex asset division, child support, child custody and parenting time, and spousal support/alimony decisions. Conversely, if your actions might affect these sorts of issues, be careful what you put on your phone and where you bring it!
Cell phone data might affect your Morris County divorce proceeding?
Recently, people have begun to obtain and use cell phone information to influence divorce court decisions. In years past, people would pay professional private investigators to “dig up dirt” on their spouse, spying on illicit behavior and possibly discovering where certain marital assets are hidden. Now, some courts have begun to allow for this kind of information from your spouse’s cellphone, supposedly in the interest of it being a more economical and an easier option. There are plenty of electronic experts willing to help find this kind of information, for a price. There may be some restrictions on how you obtain the information, and what kind of information is admissible in court. For a clearer understanding of how your cell phone data might affect your divorce proceeding, you should contact your divorce attorney.
Suffice it to say, modern technology is certainly putting a wrinkle in how traditional divorce proceedings are playing out. Having such an accessible record of all of one individual’s communications is almost unprecedented. For that record to be admissible in court as evidence against them certainly is. It is unclear how privacy laws are going to impact the use of cell phone evidence in divorce court. In many ways the law, as it is written currently, does not really account for modern information and privacy issues, lawmakers are struggling to keep up with the changing modern information landscape.
Contact Our Morristown Family Law Firm to Discuss your Divorce Today
Serving towns and Counties across Northern New Jersey
What we do know, is that in any divorce proceeding, it is highly recommended to retain experienced and effective legal counsel to help protect your future. The Morristown, NJ law firm of Laufer Dalena Cadicina Jensen & Bradley is one of the most established family law firms in northern New Jersey. Our lawyers are committed to excellence. Whether the issue be property division, alimony, child support, or child custody, our team is ready to work hard to ensure your best interests are protected. For more information, talk with one of attorneys today in a consultation. We accept MasterCard and Visa, are available for evening and weekend appointments and charge reasonable rates. Our offices are conveniently located one-half block from the Morristown Green. To contact a lawyer, call 973-975-4043.
