Couples who may be heading toward a nasty break-up should always be extra careful when they send SMSs or WhatsApp messages. These messages could end up as evidence against them in divorce court!
In the past years, because of advances in digital forensics, there has been a huge spike in the number of cases using evidence from iPhones and other smartphones.
With emails, you can always think about what you’re writing and rewrite them. There is a windows of opportunity to rethink what you are saying, however with instant messaging, it is immediate. Many people send out messages without even thinking.
This is described as “spontaneous venting” and it can come back to haunt you! These instant messages can be recovered at a later stage to reveal your thoughts, actions and intentions.
SMSs, WhatsApp messages and other instant messages have been the most common form of divorce evidence taken from smartphones, followed by emails, phone numbers, call history, GPS and internet search histories.
Divorce lawyers advise their clients not to use Facebook to send messages or post inappropriate statuses, as it is the main source of divorce evidence from social media. However, only about half the couples actually follow their advice.
Anything that is in writing, you have to assume that someday a judge is going to see it. So, if it is not something that you don’t want a judge to see – don’t write it down!
You can always erase your messages, but that doesn’t mean they erase theirs.
At DLA, it is possible to forensically acquire material from basic handsets to the latest smartphones, from all mobile and cell phone manufacturers using a range of advanced forensic and data recovery techniques.