Can I get copies ofmy husband’scell phone text messages to prove his adultery?

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Can I get copies ofmy husband’scell phone text messages to prove his adultery?

If so how?

Asked on October 8, 2010 under Family Law, Tennessee

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

Cell phone texts are regarded as private messages and if they are to be obtained in any way you are going t have to get a Judge to sign a subpoena requiring that they be produced.  I would think that given their "protected" status, the request would have to be made so the the review is done in the chambers of the judge (called an in camera review), where the judge would go through the records, pull out those that he or she deemed pertinent to the issue that you are trying to prove in your case, and have the rest destroyed or sent back. I would seek help from an attorney in your area for this matter.  Good luck to you.   


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