can a divorce lawyer get the record of the contents of the text messages from a spouse’s cell phone?
my divorce will be based on the contents of the text messages of my spouse that’s why i want to gain access of his text messages before i file for a divorce. i suspect he’s still cheating on me although he’s denying it. how much would it cost and who do i contact. please give me details.
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Tagged with: cell phone • divorce • Divorce Lawyer • Divorce Record • text messages
Filed under: Infidelity Warning Signs
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Your lawyer has to subpoena the records from his service carrier. I do not know if there is a fee involved or if there is no fee because they are being subpoenaed. Your lawyer should know the procedures and how to go about getting the subpeona.
Good Luck to you.
no stupid
duhb dummy. don’t no what your talking about.
you need to get the phone, there is no other record made of text messages.
he’s probably wiped them now
Well, I think that’s kinda impossible, cause Phone/Mobile operators/carrier doesn’t store the content of each message that is sent…, although they record all of the conversations and keeps them for a month, but text messages… no, I don’t think.
It depends on the state. The lawyer would have to file for the records through the court, requesting a transcript of the activity and give the time frames.. Keep in mind that a cell phone has "open air waves", its not like a home phone, and then it also depends on the carrier, some like the pre-paid services do not sent you an invoice, showing all the activity. Might be tough, but it can be done. (there is "aways" a trail of activity, no matter if a paper trail, e-trail, but for legal reasons, there is awalys a trail.
Get a lawyer and ask him. And if you ever have access to his phone then forward it to yours after you change your number and cell company and get the bill mailed elsewhere.
He probably erases them after he sends/recieves them. There’s no way to get them back. Although, if he talks to her on the phone, then you can have a record of that from the phone company. But text messages only show up as how many were done but not to who or from who on my service……check with your service provider and ask them.
Call the provider. I believe they may have them. With Sprint I was once able to see the actual text messages sent and received. Then they were gone. I called and asked customer service about it. They said they were no longer able to publish that information because of some new law. But that doesn’t mean the company doesn’t still have that information that can be supoenaed by a lawyer. If you have knowledge of text messages, I’ll bet there is other evidence out there too.
i believe your lawyer can ask the court to request a record from the phone provider. the text messages are stored in memory of the phone company’s computers, even if the messages are erased from the phones. In many cases the text messages are saved for years. the phone company’s records will have a much more comprehensive record of text messages too.
Actually if you get a hold of your provider I am pretty sure that you can some how get a record of the text messages. Sometimes you can have an account online with the provider ( like Nextel for instance) and it automatically keeps a record of texts untill you delete them.
That being said I dont think that it is a good thing that you know what is on his text messages anyways. Cheating or not cheating. There are things that you just dont go through cell phones and e-mails being the two biggest no no’s. Closely followed by wallet or purse.
your lawyer can summons your cell phone company and get all records. all records are recorded its like our computer. we can delete and erase things and not know how to ever pull them back up. however computer experts have solved murders by doing this as well as cell phones. my brother-in law is a computer expert and he can find anything that has ever been on the computer. so yes he can get the records legally. you could also talk to your cell phone co. however, if you get lingo make sure you use your lawyer and don’t forget you have a recorder on cell phones you can record. thanks Kat
my guess is that his cheating won’t mean much in court. the court will be concerned with children and property division. you could find a local private detective or the tv show, "cheaters".
I used to work for AT&T Wireless on the National Business Services Dept.
You will need the phone. The actual phone, depending on the brand of the phone you may or may not be able to use it as evidence. If he has a Nokia or a Motorola then as soon as you have the phone and find a certified tech, you can have all that data saved in a PC/CD/Floppy drive. If it is a cheaper brand the chances of retrieving anything are slim to none.
The other way to prove your point would be to obtain a copy of the cellphone bill with all details (its called a detailed bill) They ussually send you one when you want to dispute overusage on minutes/data/text messages/content downloaded. So if you can call the service provider and get them to send you a detailed bill copy (THERE IS A FEE FOR THIS KIND OF COPIES) that will display the text messages times, dates from whom and to whom they were send. Although the contents wont be displayed, it should be plenty of evidence to describe an act of infidelity.
Also you should look on that cell bill for a number frequently dialed, because very likely, he is using a phone card (ussually used for long distance calls) to disguise the actual number being called.
I hope this helps. Good luck!
It depends on what is involved in the divorce as to weither or not an attorney could gain access to those records or not.
Yes he can. His lawyer will send the company the proper papers and they will release this to him.
Texts could be an interesting thing to use in your defense. It is tough to prove that the person on the other side of the phone was actual typing those texts.