
Legal Q&A
Q
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I suspect my husband's infidelity. These days he comes home very late, and he often stays out overnight, saying he is late because of business trips. I think there would be important evidence if I looked at his phone, and just in case, I checked while my husband was sleeping, but the text messages and such were all deleted and gone. Can deleted text messages or call records be recovered through mobile phone forensics? Please also answer whether the evidence found can be used as evidence in an infidelity lawsuit.
Mobile phone forensics
Answer
Published:
Author : ChanWoo JEONG
You asked whether deleted data can be recovered through mobile phone forensics.
First, to give you the conclusion first, it can be recovered.
Deleted text messages, call records, photos, and location information can, for the most part, be recovered through forensics.
Therefore, even if your husband deleted important information from his phone, you can secure it.
You also asked whether text messages or call records found through mobile phone forensics can be used as evidence in an infidelity lawsuit.
For digital evidence obtained through forensics to have legal effect, several important conditions are required.
First, you must collect the evidence through a lawful process. This is why it is necessary.
For this, it is advisable to proceed with the help of a digital forensics expert.
In addition, it is necessary to check whether the recovered data is identical to the original and whether there was any alteration in the meantime.
If you entrust this process to a digital forensics expert, they will prepare an accurate report that can guarantee the integrity of the data for you.
If you have lawfully collected digital evidence that can prove identity with the original and its integrity, you can use it as valid evidence in an infidelity lawsuit.

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ChanWoo JEONG
T. 070-5221-2387
Extensive corporate legal litigation and advisory experience · Attorney specializing in inheritance/tax/administrative law

InWon KIM
T. 070-7510-1044
Former Chief Prosecutor [Criminal], Seoul Central District Prosecutors' Office · Attorney Specializing in Criminal Law/DUI Traffic/Accounting Audit/Evidence Examination
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