Ride the Lightning

Family Law: Huge Increase in Texts and Apps Evidence

June 16, 2015

According to the most recent survey of the American Academy of Matrimonial Lawyers, 97% of members have seen an increase in divorce evidence being taken from smartphones and other wireless devices during the past three years. In addition, an almost universal number of 99% of respondents have cited a rising number of text messages being used in cases, while 67% have noted more evidence being gathered from apps. As might be expected, the top three apps for divorce evidence also mirror popular social media sites, with 41% citing Facebook, 17% choosing Twitter, and 16% noting Instagram.

Finding location data in smartphones is very common, as I can certain attest, along with recovering deleted text messages (a dramatic increase there) and finding evidence from apps (how much you can get from any particular app varies widely).

In the survey, the most common types of evidence gathered were cited by 46% as “texts,” while 30% said “e-mails,” 12% “phone numbers/call history,” 7% “Internet browsing/searches,” and “GPS” was noted by 4% of the respondents.

An increase in the number of cases using evidence taken from apps during the past three years was cited by 67%. In addition to the top three apps listed for divorce evidence, the next selections included Find My iPhone and Snapchat at 6% each, 4% choosing Google Maps, Google+ at 3% and WhatsApp and Tinder each picked by 1% of the respondents.

As we prepare to give an AAML webinar on electronic evidence in family law next month, this was a timely release!

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