FORT LAUDERDALE, Fla., Nov. 3 /PRNewswire/ — In the age of digital communications, there now are three sides to every divorce story: His, hers, and what’s being stored by the phone company.

Digital communications, like email, instant messaging and increasingly textmessaging using a wireless phone, has opened new lines of communicationbetween people. This includes couples facing divorce. While email and IM are commonly used, most should be wary of texting. Why? Many people who text often will message their spouse, friends or even a lover with whom they’re having an affair, revealing intentions, intimate details and negotiation strategies.

Such conversations can become evidence in the mediation or courtroom setting. Yet, hitting “Delete” isn’t enough to erase the conversation. The phone company often retains records of text conversations for up to 30 days. In a divorce scenario, those records can be requested or subpoenaed into evidence.

“Texts can be the forgotten smoking gun,” said Barry I. Finkel, partner in The Law Offices of Barry I. Finkel P.A. The firm practices exclusively in the area of divorce and family law. “Imagine one party’s surprise when they thought they’d deleted that message to their lover or made a damaging statement, and it shows up as evidence in court. It can cause irreparable damage to their case.”

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