Evidence of infidelity

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Evidence of infidelity

My husband is talking to another woman who lives overseas. I know they got involved in the past when he was living outside of the country and when he was married to his previous wife. As far as online resources such as apps, text messages, conversations through Facebook Messenger, what are considered legal proof or evidence to present in court? He has become very protective of his phone and the only way of getting evidence will be contacting hacking services. As much as I want to gather the evidence, I want to stay within legal boundaries.

Asked on June 14, 2019 under Family Law, Colorado

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 1 year ago | Contributor

Text messages, social media interaction, etc. can all constitute evidence of infidelity. You can get this legally but have to first file the divorce case before getting the evidence: once the case is filed, there are legal tools or mechanisms available in litigation, called "discovery," such as written questions or interrogatories, or document production requests, to your spouse, or subpoeanas to third parties, like service providers. The hitch is that, as stated, to access these tools, you have to file first, before having the evidence you seek.


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