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Dimitry K., Esq.
Dimitry K., Esq., Attorney
Category: Legal
Satisfied Customers: 41221
Experience:  Multiple jurisdictions, specialize in business/contract disputes, estate creation and administration.
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In a divorce case. Can my wife retrieve and use my text messages

Customer Question

In a divorce case. Can my wife retrieve and use my text messages against me, and how do i defend that?
Submitted: 6 years ago.
Category: Legal
Expert:  Dimitry K., Esq. replied 6 years ago.
Thank you for your question. I happen to be a Pennsylvania licensed expert.

As a rule text messages are NOT something your spouse can retrieve from the phone company since the phone company does not save them (there is nothing to subpoena). She, however, can use print-outs of messages if she saved them. The best way to defend against it is to bring evidence that may show the scope of the posts, or explain what the texts actually referred to. Your attorney may also attempt to try to withhold the messages by claiming them to be hearsay, but the judge will likely admit it under the exception of a "statement against interest", especially if the texts are somehow damming or improper.

Good luck.
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Customer: replied 6 years ago.
If i was useing my cell phone to text and send pictures to someone else, can her attorney retrieve them from my cell phone company, and then use them against me in divorice court?
Expert:  Dimitry K., Esq. replied 6 years ago.
Thank you for your follow-up. My apologies on the delayed response, I had a personal emergency that did not permit me to log back on until just now.

As I stated in my first answer, such information is not kept by your phone company so there is nothing there to retrieve. If your wife and her attorney are somehow able to get copies of the images and texts, then yes, these images and pictures can be used against you in court.

Good luck.