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Steven  K.
Steven K., Family Law Attorney
Category: Family Law
Satisfied Customers: 2338
Experience:  I have practiced family law since 1996, focusing on child custody and domestic violence
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I am currently separated and going through a divorce. I have

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I am currently separated and going through a divorce. I have a cell phone that I own and my husband took it to use the text messages against me. Is this legal?

Steven Kincaid :

Thank you for allowing me to assist you.

Steven Kincaid :

There is no law preventing him from using the texts against you. Since you are married, the phone is arguably marital property and his taking it is not legally theft.

Steven Kincaid :

You could request an order requiring him to return your phone to you, but there is nothing to stop him from taking a picture or photocopy of the texts before he returns it (assuming the judge orders him to return it to you.)

Steven Kincaid :

You should be given the opportunity, however, to respond to any allegations against you.

Steven Kincaid :

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