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can phone records be used to prove adultery updated march 2022 today cell phone technology has often proven a double-edged sword as our phones become smarter they also leave digital trails that can help or hinder us depending on the circumstances in family court settings incriminating phone records are often used as evidence in more and more divorce proceedings consequently if you suspect that your spouse has committed adultery their cell phone records may provide some serious evidence against them phone carriers have privacy policies that protect an account holder from others outside the account including spouses and family members but when spouses share a phone plan these privacy protections no longer apply even if spouses arrange for their own plan at some point any records during that shared time on the account can be accessed by the other when a spouse suspects adultery the information in any of their shared phone records can be used against the other the device itself can often