You may know that if you open your spouse’s mail, without their permission, that you are committing a Federal crime. Similarly, if you open up your spouse’s cell phone, without their express permission, you also may face criminal or civil charges.
This means that if your spouse has not given you express explicit authority to search through their cell phone, then you can’t use anything you might find on that cell phone. Therefore, even if there is incriminating evidence on your spouse’s cell phone, you probably cannot use it as evidence. So, if you want to present evidence that exists on your spouse’s cell phone, you need their permission, otherwise a Court will not allow it.
Another reason you should not use your spouse’s cell phone, is that if a court finds out that you have been impermissibly using your spouse’s cell phone, then this would have serious negative consequences on your divorce.
Therefore, if you are in the process of getting a divorce, or you are already divorced, you should not use your spouse’s cell phone records.
David Badanes, Esq. and the Badanes Law Office, P.C. represent clients on Long Island, NY in their divorce and family court matters. If you are seeking a divorce, or have been served with divorce papers, please contact David Badanes.
David Badanes has offices in Suffolk County and Nassau County. To make an appointment or to learn more, contact David Badanes and the Badanes Law Office, P.C. today at 631-239-1702, email at firstname.lastname@example.org or visit our web site: www.dbnylaw.com.
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