With more information being received and stored on smart phones, it is no secret that they harbor a treasure trove of incriminating evidence. With that, more attorneys are looking to cell phone records through discovery requests. According to a survey of divorce lawyers by msnbc.com, 92 percent of attorneys have seen an increase in cases where cell phone evidence has been used.

Ken Altshuler, president of the American Academy of Matrimonial Lawyers, said that "[a]s smartphones and text messaging become main sources of communication during the course of each day, there will inevitably be more and more evidence that an estranged spouse can collect." They are particularly useful because they are typically emotionally charged and written at the spur of the moment. As such they are more likely to be accurate descriptions of what the person meant to say.

According to the survey, text messages made up the most common form of evidence taken from phones, followed by emails. Attorneys also found useful evidence through call histories, GPS archives and Internet search histories.

Cell phone evidence is not always easy to come by. Those with the most to hide keep their phones close and keep potential eavesdroppers at bay with intricate passwords. If you see this type of behavior in your mate, chances are there is something (or someone) on the phone he or she does not want you to see.

Even if information is deleted from the phone itself, it still may be retrieved through another source, as many phones are synced to online resources. Whatever it may be, know that cell phone information, including pictures and text messages, is discoverable and can be used in court.

Source: MSNBC.COM: Divorce lawyers see more phone evidence, especially texts. February 10, 2012