What info can be obtained from the Internet and Cellphone proving an affair.

UPDATED: May 27, 2009

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What info can be obtained from the Internet and Cellphone proving an affair.

Want to know if I can get e-mails, text messages, IM’s, and possible pictures and videos sent or recieved and how far back could I go if possible.

Asked on May 27, 2009 under Family Law, Alabama


B. B., Member, New Jersey Bar / FreeAdvice Contributing Attorney

Answered 13 years ago | Contributor

It's possible, at least in theory. Whether it's necessary, or worth the effort, would depend on the unique facts of your case.  For reliable advice, you need to discuss this, perhaps in some depth, with a qualified attorney in your area.  One place you can find lawyers is our website, http://attorneypages.com

In most states, divorce cases, like other civil lawsuits, have a period for discovery, when you can request things like cell phone billing records and documents including email.  That sort of thing will run up your legal fees very quickly, though, and it's usually reserved for money issues.  These days, there are almost always other grounds for divorce that you can use, and proving adultery doesn't always make a big difference in the property division, although there are some cases where it might.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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