Can I get an attorney to retrieve text messages from a phone company that were sent by spouse to someone else?

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Can I get an attorney to retrieve text messages from a phone company that were sent by spouse to someone else?

 This would have been prior to filing for a divorce.

Asked on November 11, 2010 under Family Law, North Carolina

Answers:

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

Answered 11 years ago | Contributor

Generally speaking, using a subpoena to obtain records prior to the filing of a lawsuit is not a good idea.  In many states and jurisdictions it is actually impossible to do so.  There MUST be an action pending.  It appears that you want them as proof of a graound for divorce.  Infidelity I am assuming.  You can start the suit an make allegations and then ask for the texts in the discovery stage, although if they were deleted many of the phone carriers do not keep them on the main server.  Once they are sent they are gone so double check with the carrier as well. Seek legal consultation.  Good luck. 


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