During a divorce, many people find impossible to stay off the telephone. And today people live on their cellular phones. According to CTIA-The Wireless Association, over 96% of the population – more than 302 million people – in the United States own a cell phone.
In a divorce, however, the telephone can make trouble in a couple of ways.
For one, cellular and smart phones leave a digital trail that can be used in a divorce action – the records of text messages, emails, and call histories that provide an often detailed record of what the person’s actions and movements. Adultery, dissipation of marital assets, and other difficult behavior from cell phone records have been entered into evidence in divorce actions. According to the American Academy of Matrimonial Lawyers (AAML), 92% of attorneys reported a rise in the use of evidence taken from a cellular phone, and 94% of attorneys reported an increase in the use of text messages as evidence.
The other problem that happens in a divorce action happens when clients start calling their attorneys unnecessarily. During a divorce, many people understandably get the blues and the worries. They want someone to talk to, or a shoulder to cry on.
Many lawyers do what they can for these distressed clients, but a lawyer is not a priest, a rabbi, a minster, a philosopher or social worker. And most lawyers charge their client a fraction of a billable hour for every telephone call they take.