My husband had the first affair almost 2 years ago that lasted almost 6 months. It was found out, discussed and moved past.
He recently upgraded his phone, the old phone was just laying around so I was curious if it could be used for a backup phone- when I got into the phone I found evidence of 10 additional women he slept with since ending that first affair. Photos, text messages, phone records, even sex videos clearly showing both of their faces. He is deployed now and when he returns I intend to end this marriage. I don’t know if any of this can be used in court, but I have more than enough evidence even for alienation of affection. I have had conversations with several of those females, who were open and honest with me about the entire situation and even willing to write a statement that happened and have it notarized for a judge if necessary. I don’t want this to be nasty but I do want to know if it can be used if necessary?
As long as you did not hack into that device, you can use the evidence you found to support an alimony claim and illicit sexual behavior grounds for marital misconduct.
If the old phone was left laying around, there was no password on it or you knew the password because he had previously told you the password and he never changed it, then you did not hack into the phone and the evidence gained from the phone would be admissible.
Anna Ayscue
Attorney with Rosen Law Firm Cary • Chapel Hill • Durham • Raleigh • Wake Forest
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