How canI legally obtain text message data from my wife’s phone?

I predict that my wife has been cheating. I want to see what has been written between my wife and another guy.

Asked on March 28, 2011 under Family Law, West Virginia

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

The *only* way to do this would be through a legal proceeding; in other words, if you divorce your wife, during the divorce proceedings, you could sue the legal mechanisms of "discovery" to obtain information that would be relevant to the divorce, such as texts or other messages to someone with whom you wife may have been cheating. Otherwise, however, there is no way to get this--one spouse does *not* have a right to the communications of the other spouse, and obtaining them improperly could potentially subject you to wiretapping or other liability. If you think your wife is cheating on you, it may be time to consult with a divorce or matrimonial attorney and think seriously about a divorce.


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