Divorce Law: 3 Types Of Evidence You Can Find On A Cell Phone To Prove Infidelity

Posted on: 11 October 2016

Getting a divorce is so easy and acceptable nowadays that 40% to 50% of all marriages typically end in divorce. A common reason for divorce that hasn't changed through time is infidelity. While many states allow for no-fault divorces, being able to prove fault may help your case when it comes to requesting alimony, support, or even better custody terms and conditions. Your divorce attorney will advise you as to whether proving infidelity in court may be beneficial for your case. If it is, the proof that you need might be lying just meters away. Here are 3 types of evidence you can find on your spouse's cell phone.

Call Records to Show Continuous Communication

Although spending a lot of time on the phone with someone isn't necessarily indicative of infidelity, it can shine some light on the infidelity. Look at call records to establish whether your spouse is in constant contact with the other person. It's important to take note of the length of each call, the time of day when the calls were made, as well as the frequency of the calls. If your spouse is constantly talking on the phone for hours at a time, your divorce attorney may be able to sway the court in the direction of emotional infidelity at the very least.

Photographs of Your Spouse and the Other Person

Not all cheaters cover their tracks. In fact, many cheaters will give you all the proof that you'll need in the form of photographs taken with their cell phones. If your spouse has taken trips with the other person or has any suggestive photographs on their phone, your attorney might be able to use the photographs to your advantage in court. The nature of the photographs and the amount of photographs taken will be analyzed in court to determine whether infidelity can be proven.

Romantic or Sexually Suggestive Test Messages

There's a good chance that your spouse texted or used some type of app to communicate with the other person. If you can, screenshot their conversations. Romantic or sexually suggestive text messages are all you need. A simple text stating "I love you" can go a long way. If your spouse confesses to the infidelity in the text messages, make sure you get a screenshot of that part of the conversation for your divorce attorney.


Depending on who pays the bills, the state that you reside in, amongst many other factors, you may or may not have a right to go into your spouse's cell phone. Even if you don't, your attorney can file a request for your spouse's cell phone records. Some cell phone companies keep an online record of the text messages that were sent and received. Gathering evidence needed to prove infidelity might help your case and help you get what you want from the divorce.