Encrypted Applications Preventing Phone Records in Divorce Hearings

Text, emails, and phone call records are often important during divorce hearings and can be relevant to determining many things including child custody. For example, it may relate to inappropriate behavior & conduct that could bear on the fitness of a parent. The possibilities are numerous, but things such as drug & alcohol abuse, inappropriate behaviors and more can be brought to light.
In states where marital misconduct is also a factor, phone records are relevant, and even highlight instances of gambling and physical or mental abuse. Electronic evidence can also reveal hidden financial assets.

In order to acquire this information, lawyers issue requests or subpoenas for this info to the other party or third party carriers. Lawyers may also take a deposition or hire private investigators.
Increasing in prevalence, parties are using encrypted applications in attempts to conceal communications that they do not wish others to see. Applications such as Wickr, Vaporstream, and Confide boast military-grade technology where they assert that communications are protected. The features vary, but can feature self-destructing messages.

When going through a divorce or family-law matters you should consider whether a party is using these applications, or question if you should use them yourself. A big risk is that a court may conclude that a party using these applications could be found by a court to be spoliating evidence and be subject to sanctions in family court.

A family court judge may also conclude anyone using these applications has something to hide and lead to the party getting an adverse result as it relates to important components of a divorce or family law matter due to their behavior seeming suspicious.
Ultimately you should speak to your attorney about a specific situation, however in general be careful about written communication during the midst of a divorce or family law matter. Anything in writing could ultimately be used as evidence.

However, be wary of encrypted applications. Forensic investigations can reveal the information and the appearance of having something to hide is not likely worth the risk.

Rob McAngus, Partner with Verner Brumley Parker, P.C., is Board Certified in family Law and his practice is devoted primarily to family law, including high conflict divorce, custody cases, and complex property issues. In addition to being selected on the Board of Directors for the Family Law Section of the Dallas Bar Association; he values your priorities as a parent and works with you to achieve the goals that will help transition your family to a new normal. As both an adopted child and a member of a blended family, Rob can provide a unique perspective in the practice of family law.


Rob has been recognized in Super Lawyers as a Rising Star in 2016 through 2019, and recently The National Advocates recognized Rob as one of the Top 40 Under 40. He can be reached by calling 214.526.5234 or email at rmcangus@vernerbrumley.com.