Dating apps make it easier to find a partner, right? They might also make it easier to divorce one. According to DivorceMag, between 20% and 70% of romantic relationships begin online through dating apps. And in contrast, more and more relationships – including marriages – are ending because of infidelity committed via smartphone use and dating apps. According to LoveItCoverIt, there are even dating apps specifically designed to help individuals hide extramarital affairs. So when it comes to smartphone use and the content or history found on your spouse’s cell phone, how is your divorce process affected?
Florida is a no-fault divorce state, which means that you don’t have to prove that your spouse did something wrong, such as commit infidelity, in order to file for divorce. You simply have to say that the marriage is beyond repair. But that doesn’t mean evidence of infidelity found on dating apps or phone history goes to waste.
Evidence of adultery or infidelity on your spouse’s phone or social platforms can impact the legal decisions related to divorce, such as alimony, division of assets, child support, custody, and visitation. Just because Florida doesn’t require fault as grounds for divorce doesn’t mean you can’t use your spouse’s behavior as grounds to get the settlement you deserve. In Florida, you do have the option to file for a contested divorce as opposed to an uncontested divorce. A contested divorce means that you and your spouse do not agree on every aspect of the divorce outcome and settlements.
HG.org Legal Resources says that the two issues that couples fight over the most during divorce proceedings are custody of children and division of marital assets. And HG.org Legal Resources goes on to say that these are two prime areas where cell phone history or internet presence can come into play. If your spouse committed adultery, you might be entitled to additional compensation when it comes to marital property and debts.
According to DivorceNet, “Florida is an equitable distribution state, so there is a presumption that the marital assets and liabilities should be evenly divided. This presumption may, however, be overcome by proof that one spouse has intentionally dissipated or wasted marital assets. Gifts, trips, apartment rent, car payments, and dinners for a non-marital partner are all considered a waste of marital assets. The court may reduce the adulterer’s share of marital assets to compensate the other spouse for this waste.” And the proof of this wrong use of marital assets might be located in messaging history and data of a cell phone or dating app.
While information on social platforms might be fair game, the legality of obtaining information on someone else’s personal device is tricky. You should always seek advice from a qualified divorce lawyer before proceeding to gather evidence.
Are you going through a divorce in the Naples, FL area? Do you suspect or know of infidelity on your spouse’s part? Don’t give up the marital assets, compensation, child support, and custody rights that you deserve! Find out how you can use evidence to support your claims in the divorce proceedings by calling 239-226-0888 or contacting us online!
The Law Offices of
Michael M. Raheb, P.A.
2423 First Street,
Fort Myers FL 33901
Fax Number: 866-949-0888