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Delta-Lawyer
Delta-Lawyer, Attorney
Category: Legal
Satisfied Customers: 3546
Experience:  10 years practicing IP law and general litigation
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My wife is has been having an affair said she wanted to try

Customer Question

My wife is has been having an affair said she wanted to try to work it out. I know she is still having affair. I took her off our phone account because I knew what she would do. Her texting went from 185 the month b4 I released her because she's using FB. Her bill came in mail and it had 6400 text messages. I would like to get her cell phone records plus we are going to get divorce.
Submitted: 1 year ago.
Category: Legal
Expert:  Delta-Lawyer replied 1 year ago.

If she is not on your plan, then you will not be allowed to get access to her text messages without a subpoena. That said, if she is on your cellular plan, then you should be able to request a copy of the text messages from the carrier since you are the one that is paying the bills for the phone. Sometimes, in this situation, cellular carriers will refuse to turn over the texts...not because it is legal to do so, but because they want something from a court ordering them to do so in order to protect themselves against a separate suit...in this case, from the wife.

That said, if the cellular carrier will not release them to you, you need to send them a letter, certified with a return receipt, ordering them to preserve any and all text messages in view of pending litigation. When you do file for divorce, you will then be able to have a subpoena issued to both your wife and the cellular carrier that she uses to get the text messages released to you and the court. The subpoena is essentially an order from the court to turn over this information. A subpoena cannot be issued until a court action has started, however.

Let me know if you have any other questions or comments.

Please also rate my answer positively.

Thanks

Expert:  Delta-Lawyer replied 1 year ago.

Just checking with you to see if you had any additional questions. I want to make sure you are as comfortable as possible with this issue moving forward. Thanks

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