Family Law Questions? Ask a Family Lawyer Online.
Good Day ,
I am a US Attorney and I'll be answering your question today. My advice is restricted to advice surrounding the general principles of law governing your issue and you should not act on this advice but seek further clarification from a specialist in your County
Do you have access to your husband's phone now ?
Are the texts still on the phone or are you looking to get the texts from records off the telecommunication's company ?
I don't have access to his phone this instant but I do once we are home from work. He has deleted the messages, I am looking to get texts from records off the telecommunication's company. There are over 1000 texts to and from this woman and he claims they are all about baseball, he was her son's coach. I know it is a lie but I would like to see the actual texts.
Thank You for your patience
At&T are not required by law to give a customer a copy of text messages sent. The standard practice is that the texts are on record, but for a limited time period. They may be made available to law enforcement officers, but not to the general public.
There is also a privacy issue. AT&T cannot reveal the contact of texts sent, without your husband's consent and he is the only person who would be able to make a requests.
As already outlined requests are usually only submitted to in the investigation of a crime,
JUST A REMINDER, this is an HONOR SYSTEM in which the customer rates the service GOOD/EXCELLENT and leaves a BONUS/TIP for a service received.
So if the issue of separation of divorce were to be on the table would my attorney be able to request that information as means?
No this is protectected as a person's right to privacy. IF you are applying for a divorce on a fault basis and your husband is contesting fault, it is something that you could allude to, but in a Family Court proceeding text messages are not discoverable. As long as you have some evidence of adultery, you will be granted a fault-divorce. You are entitled to a no-fault divorce in anycase.
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