With text messaging being a popular mode of communication, it is no secret that most clandestine relationships are conducted through the use of cellphones. With that, more attorneys are looking to cellphone records to discover incriminating evidence. According to a survey of divorce lawyers, 92 percent of attorneys have seen an increase in cases where cellphone evidence has been used.

The president of the American Academy of Matrimonial Lawyers explained that text messages and e-mails from cellphones removes many of the questions and "he said/she said" from divorce disputes, because the transcripts are written documentation of what the person said. Since these types of messages are commonly written at the spur of the moment, they are accurate descriptions of what the person meant to say as well.

The survey also showed that text messages make up the most common form of evidence taken from phones at 62 percent, followed by e-mails at 23 percent. Attorneys also used phone numbers and call histories to find useful evidence. Only one percent indicated that they used GPS and Internet search histories.

Cellphone evidence is not always easy to come by. Cheating spouses keep their phones close, and some even resort to taking their phones to the bathroom. If you see this type of obsessive behavior with your spouse, chances are there is something (or someone) on the phone he or she does not want you to see. Whatever it may be, know that the information is discoverable and can be used in court.

Source: MSNBC.COM: "Divorce lawyers see more phone evidence, especially texts," February 10, 2012