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The Divorce Attorney Journal

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Divorce Attorney Journal

1 weekago
Actors Jason Momoa and Lisa Bonet recently shared the news of their divorce after 16 years together and two children. While splits among celebrities are hardly rare, their statements about their uncoupling seem to indicate that maintaining a healthy marriage amid a global pandemic was...
3 weeksago
January has long been known as divorce month. Any Michigan divorce attorney will tell you that there is typically an increase in couples choosing to make their split official after the holidays. One element of this reality that is changing, however, is that there are...
April 18, 2013
9 yearsago

Girl With Mobile Smart PhoneWe live in a wired world where many people are attached to some sort of handheld device nearly 24/7. Text messages, emails, and call histories may feel private to the user, but they leave a digital trail. So how much of it can actually come back to bite you in the course of a Michigan divorce?

The Power of the Digital Trail

The first question is: What do you have to hide? Remember, Michigan is a no-fault divorce state so “technically” there is no one to blame for the dissolution of a marriage. In reality, however, if infidelity did cause the breakdown of the marriage, fault is indeed an issue. And at that point, behavior – including a digital trail – comes into play.

Smartphones are smart for a reason: They provide an often detailed record of what the user was doing, planning, and thinking – and with whom – at any given moment and over any period of time. Though it may seem as though information taken from a cell phone is an invasion of privacy, most divorce proceedings do permit cell phone evidence. And the trend to use this information is increasing.

In a survey conducted by the American Academy of Matrimonial Lawyers, 92 percent of attorneys reported a rise in the use of cell phone evidence, while 94 percent of attorneys reported an increase in the use of text messages specifically.

Text Carefully: Those Messages Carry Weight

While for purposes of the Michigan divorce, there is no requirement to prove adultery or fault, text messages and other evidence from a cell phone can be used in other ways. Digital exchanges can be offered up as evidence regarding the disappearance of marital assets, abuse, or other problematic behaviors such as gambling or addiction that led to the marriage’s end.

A court’s opinion can be influenced by one party’s behavior – such as threats against the other part – and how fit or unfit they are for child custody purposes. Custody and visitation could end up being limited if the court believes that certain behaviors evidenced through cell phone information could harm or have a negative effect on the children.

Cell phone evidence showing wastefulness of the assets or use of marital assets to pay for gifts, trips, and the like for a non-marital partner may also impact how marital property and debts are divided.

Practice Safe Texting

As with all matters involving a Michigan divorce, each case is unique, as is the evidence associated with it. Privacy issues may come into play, as well as the legitimacy and accessibility of cell phone records (detailed records of which are typically not kept by cell phone companies). Only your Michigan divorce attorney can advise you best on your questions regarding cell phone usage and how it relates to your case.

Discuss your Macomb County, Michigan, divorce questions with Femminineo Attorneys to learn about your rights, the intricacies of evidence and evidence-gathering, and the divorce process itself. Contact us to schedule your no-cost initial interview.


What makes us the right divorce attorneys for you?

Family Law Expertise

Most lawyers are in a general practice and do some of everything. One of our main focuses is on Family law and being expert at divorce, custody and support matters.

Strong Relationships

We are in court daily, working with the family court judges, their staff and clerks, the Friend of the Court office, the Bar Association and other attorneys working in this area. We pride ourselves on fighting hard for our clients while working well with everyone.


Our extensive experience and strong relationship with the courts and our peers leads many judges and attorneys to hire us to act as Mediators in other Family Law cases. Make no mistake; having a strong working relationship with the court can have a massive impact on your case. Unlike most attorneys, we have no fear of the court room and are in trial regularly against the best in the business. We see the judges every week and maintain strong ties with their staff.

We Care

Although every attorney can “handle” your case, Femminineo Attorneys cares about you and your family. We work extremely hard to keep this difficult process civil and to shelter your children from as much of the negative facets as possible.


Once your case is concluded, we will be there to help you with any post-judgment problems that may arise.


Everyone’s financial situation is different and we work with our clients to formulate a fee arrangement that works within your means.


We have handled every possible situation involving domestic law. We will do everything possible to wrap up your case in a timely manner, avoiding delays that cause unnecessary legal fees.


When your case cannot be easily solved, we will fight hard and use all of our resources to win. Unlike most attorneys, we have no fear of the court room and we regularly win cases against the best in the business at trial.

Expert Staff

Unlike many attorneys who have a part-time typist and work 30 hours a week, we have an expert staff available all day long to assist you and provide immediate service.

Personal Service

At Femminineo Attorneys, your case will be handled by an experienced family law attorney. Each of our attorneys in our family law division has many years of experience in handling family law matters.

We encourage you to see these differences for yourself and call today to speak with one of our partners or schedule a free consultation at our office.

During traditional business hours, please call us at: (586) 954-9500

Michigan Divorce Attorney

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