According to information from the American Academy of Matrimonial Lawyers, nearly 90 percent of the nation's top divorce attorneys say they have seen a recent increase in the number of divorce cases in which data from cell phones, such as text messages, is used as evidence. This means that couples in Virginia and elsewhere should exercise caution in regards to what information they keep on and transmit via their phones, especially if they are likely headed for divorce.
Two years ago, the AAML noticed a spike in Facebook pictures being entered as evidence in divorces. Considering that trend, many of the organization's 1,600 members are saying that the recent spike of text messages as evidence makes sense. One attorney even said he has noticed a visible surge in text messages at court in the past six months. The AAML's president explained, "With emails, you can think about and rewrite them. There is a window of opportunity to rethink what you are saying. But text messaging is immediate. We get a lot of text messages that people send out without thinking."