We have all been there - during an argument with your disgruntled ex-boyfriend or ex-girlfriend, you say something hurtful or inflammatory. An insult or derogatory comment is rarely excusable, but sometimes they are said in the heat of the moment and these remarks don't always represent the feelings we really have. However, they are put out there, and whoever the comment is directed at can interpret them as they want.

A new issue can arise with this situation if you change the context. What if the argument happened via text message? Now, that controversial statement you made is on record and can be used as a definitive point of reference for your thoughts on any matter - like, say, your divorce.

Yes, cell phone evidence is on the rise in divorce cases, accounting for roughly 62% of evidence in divorce cases. That is nearly three times more than the next closest form of evidence - emails, which also can be accessed on many cell phones.

The American Academy of Matrimonial Lawyers provided more information on the matter of cell phone evidence in divorce cases with a recent survey. The report encompassed many attorneys in the U.S. and 94% of respondents said their divorce cases had an increased amount of text message evidence over the past few years.

"As smartphones and text messaging become main sources of communication during the course of each day, there will inevitably be more and more evidence that an estranged spouse can collect," the president of AAML said. "Texts, emails, and Facebook posts have removed a lot of the he said/she said ambiguity from the divorce process because they represent written documentation."

It is certainly something to keep in mind when you consider your conduct before, during and after your divorce proceedings. A text message can be used against you, turning your child custody, child support or financial asset case against you when going through the legal process of a divorce.

Source: MSNBC, "Divorce lawyers see more phone evidence, especially texts," Athima Chansanchai, Feb. 10, 2012