New York Divorce Lawyer Juan Luciano Discusses Use of Phone Records in Adultery Cases

June 18, 2025 at 15:50 PM EDT

In the realm of modern divorce proceedings, digital evidence plays a growing role. New York divorce lawyer Juan Luciano (https://divorcelawfirmnyc.com/can-phone-records-be-used-to-prove-adultery/) addresses this evolving landscape in a recent article, “Can Phone Records Be Used To Prove Adultery?” The discussion centers on how advancements in cell phone technology are increasingly influencing the outcomes of contested divorces. At Juan Luciano Divorce Lawyer, the focus is on how digital records, particularly from cell phones, can support allegations of adultery in family court.

Juan Luciano explains that phone records, including call logs, text messages, GPS data, and even social media interactions, are now part of the broader legal strategy when infidelity is suspected. For a New York divorce lawyer, navigating both the legal and digital aspects of such evidence is critical. In cases where one spouse believes the other is engaging in extramarital relationships, these digital traces may prove useful in court if they are collected and submitted properly.

The New York divorce lawyer emphasizes that not all phone records are automatically admissible. The article outlines key legal requirements, including relevance, authentication, and adherence to privacy laws. Luciano notes, “Meeting these requirements is crucial for cell phone records to be considered valid evidence. Proper preparation and adherence to legal processes help strengthen their admissibility in a divorce case”. This insight reflects the need for careful and lawful handling of digital material, especially when it may influence settlements or custody outcomes.

In discussing the challenges of proving adultery with digital evidence, Juan Luciano highlights scenarios where spouses use shared phone plans. In such cases, both parties may legally access records without requiring a court order. However, if accounts are separate, a subpoena may be necessary. This is where the role of a New York divorce lawyer becomes essential, as the legal process must be properly followed to obtain phone records from carriers.

Some spouses may attempt to cover their digital tracks by using secondary phones—devices intended to hide communications related to an affair. Luciano points out that these phones often contain critical evidence such as call logs, texts, or app usage, which courts may consider when determining marital misconduct. Identifying these hidden lines can become an essential part of the investigative process during divorce proceedings.

The article also discusses limitations, such as the fact that carriers typically only retain metadata like the date, time, and duration of calls or messages, rather than the content itself. Therefore, evidence found directly on a device may carry more weight. Admissibility is also subject to how the evidence was obtained. Phone records acquired through unauthorized means, like hacking, are likely to be excluded and could lead to penalties.

Beyond the matter of proving adultery, Juan Luciano examines how phone records and related digital evidence can influence broader divorce issues. In fault-based divorces, such proof can potentially sway decisions related to property division and custody. While New York generally follows an equitable distribution model, the courts may consider evidence of adultery if it involves wasteful use of marital assets or affects a parent’s moral fitness. For example, funds spent on a non-marital relationship could impact the final division of assets.

However, Luciano also clarifies that in a no-fault divorce, where neither spouse blames the other, such evidence may carry less legal weight. New York allows for both fault and no-fault divorces, and the type of filing will determine whether proof of adultery is even relevant. If the couple agrees that the marriage has irretrievably broken down, the need to prove infidelity may be bypassed entirely, streamlining the process.

Despite the nuances of admissibility and relevance, Juan Luciano affirms the importance of acting promptly if phone records are to be subpoenaed. Carriers generally retain such data for a limited time, often around 18 months. This time sensitivity makes early legal guidance important for those considering using such evidence in their divorce.

Juan Luciano Divorce Lawyer continues to assist clients throughout New York with legal support tailored to their unique divorce situations. The firm works to help clients evaluate available digital evidence and determine how it may influence key outcomes such as custody, financial arrangements, and asset distribution.

Navigating divorce is never simple, but having accurate and lawfully obtained evidence can make a significant difference. When suspicions of adultery arise, understanding the role of phone records and how they may be used in court is essential. Consulting with an experienced New York divorce lawyer like Juan Luciano can help in determining the best course of action.

About Juan Luciano Divorce Lawyer:

Juan Luciano Divorce Lawyer is a family law firm based in New York, offering legal guidance in matters including divorce, child custody, and marital property division. Led by Juan Luciano, the firm works with clients to resolve family issues through clear legal processes grounded in New York law.

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Website: https://divorcelawfirmnyc.com/

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State: New York 10016
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Website: https://divorcelawfirmnyc.com/

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New York Divorce Lawyer Juan Luciano Discusses Use of Phone Records in Adultery Cases

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