It’s no secret that Facebook is being used as evidence more often in divorce and child custody cases. Attorneys say that text messages, email and smartphones are becoming more and more common in such cases as well.

According to reports, family law attorneys say they have seen a big rise in cases that have involved citing text messages or smartphones as evidence.

According to a group of matrimonial lawyers, text messages are used as evidence most often, but call histories and email are also cited as evidence.

People love smartphones because they provide instant communication. Not only can you call or text someone easily, you can look up movie times, restaurant menus and driving directions. But that also means that smartphones know more about their users than people might care to think.

The president of the American Academy of Matrimonial Lawyers says that with the evolving technology, “there will inevitably be more and more evidence that an estranged spouse can collect,” according to Tom’s Guide.

It shouldn’t be surprising that smartphones are being cited in many cases. Few people have land lines anymore, and if a spouse is participating in appropriate behavior or communicating with someone he or she is having an affair with, they will most certainly be using their smartphones.

The data from such phones doesn’t lie. And it’s similar to Facebook in the sense that once data is collected or “published,” it’s not going anywhere.

Source: Tom’s Guide, “Divorcing couples using smartphones as legal weapons,” Jane McEntegart, Feb. 12, 2012