Divorce is a death that is filled with sorrow

I recently read A Man Called Ove by Fredrik Backman, which I highly recommend especially during the time of a divorce. One quote hit me like a ton of bricks: “Sorrow is unreliable in that way. When people don’t share it there is a good chance that it will drive them...
July 17, 2017
Dying man

I recently read A Man Called Ove by Fredrik Backman, which I highly recommend especially during the time of a divorce. One quote hit me like a ton of bricks: “Sorrow is unreliable in that way. When people don’t share it there is a good chance that it will drive them apart instead.

The death of the dream

At the time of the vows you remember the hope, the joy, and sometimes the fear?  And now here you are – at the death of the dream. Divorce happens. It starts with the unfixable emotional hurts and culminates in separation.

That’s where I come in as an attorney. My clients have to share their sorrow and loss with me. I don’t take it upon myself, because sorrow is so very personal, but when shared it is lessened. When the pain of separation and divorce is understood and when the intricacies of the financial and legal issues are managed, then the emotional pain can be felt and moved through. It doesn’t disappear, but like all emotional pain, it can dull with time and new joys can fill the void.

Just yesterday I received an angry email from a client and I was confused. Prior to the email I had not heard any concerns, any hurt, any frustration. I had thought the case was moving in the right direction and the client was happy with both the representation and the future. How wrong. Yet, how could I have known?

Healing the Sorrow of Divorce

The worse thing for a divorce attorney is when the client suffers in silence. When my clients keeps their pain locked inside and won’t share it, I am lost in the quagmire of trying to help with no clear direction. That has the tendency to cause poor outcomes, a lack of understanding, and a loss of rights. So do the best a client can do is to be honest with me as their attorney.  Tell me of the loss you suffer through daily or when the pain is so much that the process becomes muddy and confusing or unbearable for that day. I care and I never want you to suffer in silence.

Here is a link to the book I mentioned:

How to Preserve Digital Evidence So a NC Judge Will Actually Use It

How to Preserve Digital Evidence So a NC Judge Will Actually Use It

North Carolina trial judges are cautious about digital evidence. Screenshots can be fabricated, modified, or taken out of context. To get digital evidence admitted under North Carolina Rule of Evidence 901 (Authentication), you must establish its authenticity, completeness, and chain of custody.

Raw Screenshot vs. Forensic Capture

Steps for Lawful, Admissible Digital Evidence Preservation

  1. Capture Complete Screenshots with Context: Do not crop out battery bars, network indicators, contact names, dates, or timestamps. Capture the full conversation thread leading up to and following the key statement.
  2. Export Native Files and Metadata: Where possible, export thread logs directly to PDF or native format (e.g., .eml files for email, .vcf or full carrier logs for SMS). Ensure EXIF metadata (embedded time, location, and device data) remains intact on digital photos.
  3. Obtain Certified Carrier Records: Request official call detail records and text message transmission logs from cellular service providers via subpoena or formal discovery requests.
  4. Maintain a Detailed Evidence Log: Record the date, time, device used, and method of capture for every piece of digital evidence preserved.

Digital Capture Methods Matrix: Legality & Admissibility in NC

The following matrix summarizes common methods of capturing digital evidence in North Carolina family law proceedings:

Frequently Asked Questions About Digital Evidence in NC Divorce

Is it legal to screenshot my spouse’s texts in NC?

Yes, it is entirely legal to screenshot text messages sent directly to your device or sent within a group thread that includes you. Because you are a party to the communication, you have lawful access to the messages. To ensure admissibility in court, capture complete conversation threads that display the sender’s phone number or contact header, alongside full date and time stamps.

Can I use Life360 data in a NC custody case?

Yes, Life360 or Apple Find My location data can be used in North Carolina custody cases if the account was established mutually and you accessed the location data legally through your own authorized user profile. Location logs can help corroborate or refute claims regarding travel times, missed custody handoffs, or presence at unapproved locations. However, if you secretly log into your spouse’s private account after separation to track them, that data becomes inadmissible and exposes you to legal sanctions.

Is Ring camera footage admissible in NC family court?

Yes, Ring camera and video doorbell footage is routinely admitted in North Carolina family court to document custody exchanges, property damage, or domestic disturbances. Because outdoor entryways and driveways do not carry an expectation of privacy, footage captured by property-mounted cameras is lawful. To introduce Ring footage in trial, you must provide the raw video file, preserve the embedded metadata, and verify the time and date of the recording.

What happens if I put spyware on my spouse’s phone in NC?

Installing spyware, keyloggers, or hidden tracking software on a spouse’s phone is a crime in North Carolina under the NC Wiretap Act (N.C.G.S. § 15A-287) and Computer Trespass laws (N.C.G.S. § 14-458), as well as federal wiretap statutes. Any evidence obtained through spyware is strictly inadmissible in family court. Furthermore, the spouse who installed the spyware faces potential felony charges, mandatory payment of opposing attorney fees, and severe loss of credibility with the judge in custody and financial rulings.

How do I prove digital evidence is authentic in a North Carolina court?

Under North Carolina Rule of Evidence 901, you prove digital evidence is authentic by demonstrating that the evidence is what you claim it to be. This requires showing a clear chain of custody, providing unedited files containing native metadata, cross-referencing screenshots with official cellular carrier billing statements, or presenting witness testimony from the individual who captured or received the transmission.

Take Control of Your Digital Strategy Today

Navigating digital evidence in a divorce or custody dispute requires technical precision and experienced legal counsel. One wrong move can turn valuable evidence into a legal liability.

Protect your rights and secure your family’s future with our actionable digital evidence resources:

  • Download the Homewrecker Evidence Guide
  • Learn exactly how to audit your digital privacy, disconnect shared family accounts safely, and archive text messages for your legal team without violating state or federal privacy statutes.

Ready to discuss your case directly with an expert? Schedule a Confidential Consultation with Board-Certified Family Law Specialist Janet L. Gemmell at Cape Fear Family Law Today.

Legal Disclaimer & Ethical Notice

  • No Attorney-Client Relationship: Reading this blog or downloading any related resource does not create an attorney-client relationship. That relationship is formed only when a written engagement agreement is signed by both parties.
  • Information, Not Advice: This content is for general informational purposes only and does not constitute legal advice. Every equitable distribution case is fact-specific, and outcomes depend on the particular assets, debts, marital history, and county involved.
  • No Guarantee of Results: Past case outcomes do not predict future results.
  • Office Responsibility: Cape Fear Family Law is responsible for the content of this advertisement. Our principal office is located in Wilmington, North Carolina, with additional offices in Durham, Raleigh, and the Jacksonville/Camp Lejeune corridor.

Select your North Carolina County

Select the North Carolina County that your case will be filed in to see which of our attorneys practice within your county. Then choose a lawyer form the list to read more about each attorney.

Janet Gemmell
Practicing law for over 20 years may have caused Janet some gray hairs, but she remains young at heart, probably because she loves what she does. Janet's focus is to work with clients building new lives after relationship turmoil and although it is hard work, she finds it utterly rewarding. Such work and experiences gives Janet a ton of insight and along with her legal knowledge (afterall she is a Board Certified Family Law Specialist) she is able to get to the heart of any legal matter quickly in order to start helping clients find resolutions and to get their lives back on track.

Latest Blog Posts

How to Legally Change Your Name in NC After Divorce (2026)

The $10 Form Most People Never Hear About — and the One Case Where You Actually Need a Lawyer

Alimony Negotiation in NC

Step-Downs, Lump Sums, Tradeoffs, and What Actually Settles

Financially Dependent Spouse in NC

How to Get Temporary Support, Housing, and Counsel Before Final Orders

Enforcement and Arrears in NC

What Actually Happens When Your Ex Stops Paying Child Support?

Does 50/50 Custody Eliminate Child Support in NC?

(Spoiler: No — Here’s the Math)

Move-Away Custody in North Carolina

Why You Ask Permission, Not Forgiveness

Our Core Values

Knowledgeable

Knowledgeable

We know what to do and we actively share our knowledge.

Integrity

Integrity

Honesty in action and a good moral compass.

Empathetic

Empathetic

Active understanding without judgment.

Accountable

Accountable

To yourself, your clients, your colleagues and the court.