The role of e-mail, telephone calls, chat, voicemail, and texts in divorce proceedings
Most people use e-mail and smartphones on a daily basis. Communications via phone, text, and e-mail can be used to provide information about a party’s behavior during a divorce or custody case.
Can a smartphone be used as evidence?
According to a recent survey of the American Academy of Matrimonial Lawyers (AAML), 97% of members have seen a dramatic increase in obtaining evidence for divorce cases from smartphones and other electronic devices during the past three years. Almost 99% of AAML members indicate there has been an increased use of text messages as evidence in divorce cases.
Some type of information gathered on a smartphone may be used in court. If you think that you have photos, text messages, e-mails, or other recordings that may be useful in your case, you should talk to your attorney about what information can be used to help your case.
Precautions for using digital communications during a divorce
Be cautious about using Facebook Messenger, Google Chat, Twitter, or Facebook private messages to discuss the other party or issues relating to a divorce or custody case. Although these messages may not be visible to the general public, they are conversations that can be requested by the other attorney in a divorce or custody case. Don’t assume that these conversations are private or that the conversations cannot be retrieved if you delete them.
Precautions for recording or videotaping someone
Be cautious about using an electronic device to record phone calls or a person’s actions without permission. Different states have different rules about whether or not it is legal to record a person without that person’s knowledge. If you are considering recording someone’s activities or recording phone calls, you should consult with an attorney to determine what recordings you can legally make in your state.
What if I think I’m being recorded?
If you believe that you are being recorded by the opposing party, talk to your lawyer about your concerns and about what steps you can take to protect yourself. States often have different rules about when it is legal to record another person inside of your home and when it is legal to record another person in public.
Be careful with confidential emails
Be careful not to “reply all” if your attorney copies you on e-mail correspondence with individuals outside of your attorney’s law firm. If you are involved in a contested custody or divorce case, it is a good idea to ask your attorney what steps you should take to make sure that your electronic and telephone communications with your attorney remain confidential.
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Client testimonials
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"I knew I had a great team looking out for my best interest."My daughter is the sunshine of my life. I felt despair and a sense of helplessness on the day I was served. On the first appointment day when I arrived at the office and sat down with my lawyer, I knew I had made the right decision. From the beginning of my case to conclusion, I knew I had a great team looking out for my best interest (and the best interest of my child). Thank you McKinley Irvin!- Christine P.
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"Thanks for all the work for our family over the past year."Thanks for all the work for our family over the past year. We’re really glad you are on our side.- P.O.
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"I always felt my specific needs were very well represented and that I could count on David to be a trusted adviser."David remained very level headed and family focused throughout our proceedings. That said, I always felt my specific needs were very well represented and that I could count on David to be a trusted adviser during an otherwise difficult time.- T.M.
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"We would highly recommend the knowledgeable and dedicated law firm of McKinley Irvin to anyone who might be seeking legal services."In our search for a reputable law firm to handle my sister’s divorce case, we explored our options until we found the McKinley Irvin law firm. McKinley Irvin has, through our experience, proven to be compassionate, understanding and patient during the long term process of my sister’s case. Due to her disabilities she needed more than the legalities and McKinley Irvin was able to provide their knowledge as well as the assurance to my sister that her case would be handled in her best interest. We cannot begin to express our gratitude for all that the McKinley Irvin law firm has done for us. We would highly recommend the knowledgeable and dedicated law firm of McKinley Irvin to anyone who might be seeking legal services.- P.M.
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"I cannot imagine two people better able to represent me."Without David and Sam, there is no way I could have made it through this exceptionally difficult time in my life. I cannot imagine two people better able to represent me, nor a better firm to handle my affairs. You all have been wonderful!- M.L.
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"My attorney was very good in and out of the courtroom. Always kept me up to date on any issues that came up."My attorney was very good in and out of the courtroom. Always kept me up to date on any issues that came up and was very knowledgeable on custody issues.- R.R.
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"You all stood by me no matter how trying my case got. I always felt at ease knowing that you were there to guide me through this."I would like to give my sincere appreciation to Jennifer Payseno and staff. You all stood by me no matter how trying my case got. I always felt at ease knowing that you were there to guide me through this most difficult time. Thank you for not only being my attorney but becoming part of our extended family.- M.F.
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"Thank you very much for doing such a wonderful job. It has been a pleasure working with you."Dave, thank you very much for doing such a wonderful job. It has been a pleasure working with you.- R.C.