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If a spouse leaves his/her cell phone on the kitchen table, or in a public spot, unlocked, a spouse can review the entire record freely and copy the record.

It may be difficult to determine how a spouse knew certain information, but it may be hard to prove that it was obtained from such an application activated on your client’s phone.

Inform your client of the dangers of leaving their phone on the dinner or lunch table (or anywhere out in the open) when out of earshot of the other spouse, especially when divorce related or embarrassing matters are the subject of discussion. This writer does not claim to be knowledgeable about those new and perhaps useful ones.

More than 90 percent of America’s top divorce attorneys said they have seen a spike in the number of cases using evidence from text communications in the past three years, according to the American Academy of Matrimonial Lawyers (AAML).

Texts are the source of great embarrassment if one spouse keeps texts sent during times of anger or frustration, or when socially involved and not being mindful of their words.

They provide a window that provides perhaps a reflection of someone’s real thoughts and intentions at times when they are not thinking like a litigant. Clients can send you the entire chain of texts between spouses so attorneys can review them to see if there is any gold in that mountain.

We as advocates need to tell our clients that if they do not want a judge to see it, don’t write it down.

Second: early in your case, ask that the opponent keep all Social Media sites intact during the case, and preserve all texts and emails, so that there is no loss of evidence.