Deleted Messages Aren’t Deleted: What Can Be Uncovered In Family Court

“I’ll delete the text. They’ll never know.”

This is one of the most common and most expensive mistakes in modern divorce. People assume the delete button is a magic eraser that wipes information from the universe.

It isn’t. Nowadays, the delete button is really only a hide button.

In a high net worth divorce, we operate on a different level of scrutiny. When there are complex assets involved, we bring in forensic specialists to look at the digital exhaust you may have left behind.

Here is exactly what can be uncovered, how we find it, and why it matters in Illinois and Michigan courts. For representation throughout your divorce, contact our Chicago, IL complex divorce lawyer today.

THE MYTH OF THE “BURNER” PHONE

You might have deleted the thread on your iPhone. You might have even smashed the phone. It rarely matters.

• The cloud never forgets: Most people have auto-backup enabled for iCloud or Google Drive without realizing it. That text you deleted yesterday was likely backed up to a server three nights ago. A forensic specialist can spin up an old backup and read messages you thought were gone years ago.
• The other side: You only control your device. You cannot delete the message from the recipient’s phone. If your paramour or business partner gets subpoenaed, your deleted conversation can suddenly become Exhibit A.

ILLINOIS: THE “DISSIPATION” TRAP

In Illinois, digital evidence is the primary weapon used to prove “Dissipation of Assets.”

Dissipation is essentially theft from the marriage. It occurs when a spouse spends marital funds for a purpose unrelated to the marriage (e.g., on a boyfriend/girlfriend or gambling) after the marriage has begun to irretrievably break down.

• The smoking gun text: We often see spouses claim, “We were only friends,” or “I didn’t start dating her until after we separated.”
• The forensic reality: Recovered texts don’t show the affair; they establish the timeline. If we find a “Love you” text from June, every single dinner and gift purchased from June onwards becomes dissipation. You will be ordered to reimburse the marital estate for every cent, dollar-for-dollar.

MICHIGAN: THE NO-FAULT MISCONCEPTION

Michigan is a no-fault divorce state, which leads people to believe their bad behavior doesn’t matter. This is a massive misunderstanding.

• The reality: While you don’t need grounds to file for divorce, “fault” is absolutely relevant to property division and spousal support.
• The Parrish factors: Under Parrish v. Parrish, the court considers the past relations and conduct of the parties when splitting the assets.
• The evidence: If digital forensics uncover a secret life, that evidence can be used to argue for an unequal division of assets. A 50/50 split can quickly become 60/40 if your digital footprint proves you destroyed the marriage.

THE NEW 2025 ILLINOIS TRAP: SURFACE ROADS & GPS

Effective 2025, Illinois has tightened the rules for moving with a child (relocation). This is where your own GPS history can betray you.

• The Change: Previously, arguments existed over how to measure the 25-mile (or 50-mile) relocation radius. Now, the law (750 ILCS 5/609.2) strictly requires measurement via “an Internet mapping service using surface roads” for the shortest distance.
• The timeline trap: We have seen parents claim they moved to a town just inside the radius, but Google Maps Timeline history (which tracks your location essentially every minute) can reveal your actual driving patterns. If your GPS shows you are consistently driving a 30-mile route to avoid traffic, or that you are actually sleeping at a boyfriend’s house 40 miles away, you are in violation of the statute.

BEYOND TEXTS: THE METADATA YOU CAN’T SEE

It’s not only words that can get you.

• Photos: Every photo you take has EXIF data (metadata) that stamps the exact GPS coordinates, time, and date it was taken. You claim you were at a business conference in Detroit? The metadata on the photo you sent the kids shows you were actually in Miami.
• Venmo & Zelle: The memo lines in payment apps are often admissible. Even cryptic emojis in a Venmo transaction can be cross-referenced with texts to prove hidden spending.
• Notes apps: People notoriously use the Notes app to store passwords for hidden crypto wallets or secret accounts. Forensic imaging captures these notes even if they were deleted from the main folder.

FINAL WARNING

If you typed it, assume a judge will read it. If you bought it, assume a forensic accountant will trace it. If you drove there, assume a satellite tracked it.

In a high-stakes divorce, the goal is transparency. Attempting to hide evidence digitally usually adds a cover-up charge to the original crime. The only secret in a divorce is the one you never documented.

Contact Merel Family Law today to discuss your divorce case with a member of our team.