Can my Phone be used to Prove Adultery in NY?

Aug 01, 2022

Most New Yorkers rely on their cell phones to access their email, call logs, text messages, images, and other content. While you might think that using your cell phone gives you privacy, these records are frequently used as proof in divorce proceedings.

In some circumstances, phone records might be crucial evidence to support your allegations or refute those of your spouse. Because that can be complicated. You need a Brooklyn Divorce Lawyer before you proceed.

It’s Not That Simple

For a long time, adultery was the only grounds for divorce in New York. However, you may be shocked to learn that adultery is now one of the least successful methods to end a marriage, even if your spouse is cheating on you or in front of others

This is because adultery is a ground for divorce in New York that requires proof in order to be granted. Although text messages, Facebook postings, and Instagram images would seem to make it relatively simple to prove an affair in the age of social media, New York courts actually have a set of conditions that are challenging to meet.

An experienced Brooklyn divorce attorney knows how to navigate those troublesome waters.

The Best Option

The best option and basis for filing for divorce is “no fault,” sometimes referred as “irretrievable collapse.” In order to obtain a divorce in New York, all you would need to do is specify in your petition that your marriage to your spouse has been irretrievably broken for a minimum of six months. In order to get a divorce decision from a New York court on grounds of no fault or irretrievable collapse, no proof is necessary.

Situations Phone Records Become Important

Cell phone data may be useful in your case if you need to provide proof of fault-based grounds for divorce, financial deceit, or other divorce-related issues. Your divorce attorney in Brooklyn may request your spouse’s cell phone records as part of the discovery procedure.

Contact us at the Levitsky Law Firm. We have a Brooklyn divorce lawyer who will go to bat for you.