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Dimitry K., Esq.
Dimitry K., Esq., Attorney
Category: Family Law
Satisfied Customers: 41221
Experience:  I provide family and divorce law advice to my clients in my firm.
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I am considering a divorce from my husband due to adultery

Customer Question

I am considering a divorce from my husband due to adultery and believe that he is continuing to do so but I have not been able to prove it. Can text messages and work messages be subpena in court as proof?
Submitted: 2 years ago.
Category: Family Law
Expert:  Dimitry K., Esq. replied 2 years ago.
Thank you for your question. Please permit me to assist you with your concerns.
Text messages and emails can indeed be obtained via subpoena and used in court as proof. I will say that obtaining personal text messages from your cell provider will likely be easier than obtaining work messages because the employer may object and claim that without evidence and proof, this is an unreasonable expense on them, and is therefore not something that the judge should grant. So while you can try it, I suspect that they would be able to deny it unless you have some manner of proof to show as evidence. But yes, such emails in general can be used to prove or disprove your position.
Dimitry, Esq.