Last month, we wrote about the prevalence of social media sites being used as evidence against a person in child custody and divorce cases. Now it appears people in Georgia and elsewhere need to be aware as they use another technology.

Smart phones are being used as evidence in more and more divorce and child custody cases. According to a study by the American Academy of Matrimonial Lawyers, more than 90 percent of attorneys report seeing smart phones used in more family law cases than ever before in the last three years.

Most of us keep our cell phones with us during every hour of the day. Many people even sleep next to their phones. People may assume that the text messages they send, people they call, and emails they send from their smart phones will be kept private, but they are wrong.

Evidence found on a smart phone may be used in court. Text messages may prove that a person's spouse was having an affair. Phone calls may show that someone was involved in illegal activity. Internet search histories could even show that a parent was negligent towards their children.

People who may be headed towards divorce or those who will be involved in a custody case would be wise to talk with an attorney about their phone and the potential evidence that may be used against them.

Going through a divorce and dealing with child custody issues is never easy, but it can become even more difficult if information from a smart phone is used in court. However, working with an attorney would likely be highly beneficial because they may be able to mitigate any possible consequences.

Source: Reuters, "Divorcing Couples Use Smart Phones as Legal Weapons," Stephanie Rabiner, Esq. Feb. 28, 2012