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

UPDATED: Nov 11, 2010

Advertiser Disclosure

It’s all about you. We want to help you make the right legal decisions.

We strive to help you make confident insurance and legal decisions. Finding trusted and reliable insurance quotes and legal advice should be easy. This doesn’t influence our content. Our opinions are our own.

UPDATED: Nov 11, 2010Fact Checked

Get Legal Help Today

Compare Quotes From Top Companies and Save

secured lock Secured with SHA-256 Encryption

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


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

Answered 12 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. 

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 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.

Get Legal Help Today

Find the right lawyer for your legal issue.

secured lock Secured with SHA-256 Encryption