However, if a spouse deletes a text message from their phone,. If a text message is used in court, the defendant will most likely have to provide it. This is not common, so, in short, the answer is that yes, text messages can be cited, but, no, they are not often used as evidence for the above reasons. A subpoena is a legal order that requires someone to file documents or records or to appear in court.
Divorce attorneys use subpoenas to gain access to information that might be important to the case. This includes private information, such as personal emails or text messages. In a divorce case, both parties to the divorce can use subpoenas to force the other to produce information, including cell phone records. Some legal experts say that the use of personal text messages as evidence is an invasion of privacy and, therefore, should not be admissible in court.
However, if your wife's cell phone is part of a household account, you have the legal right to review her messages. Divorce attorneys often cite phone records during the discovery phase, which occurs before a divorce trial begins. It can be difficult to prove fault in a divorce, but cell phone records can be valuable in this situation. While you may believe that you have privacy when using your cell phone, these records are increasingly being used as evidence in divorce cases.
Divorce cases in Colorado can be difficult to navigate on your own, especially if you or your spouse wants to cite cell phone records. If you need evidence to prove fault-based grounds, financial deception, or other aspects of your divorce claims, your attorney might determine that cell phone records can help your case. If you have a no-fault divorce and you and your spouse agree on the issues relevant to your case, there would be no need for phone records to come into play. A family law attorney can ensure that you cite the right records, follow the process correctly, and discover any information relevant to your case.
No, telephone records cited in divorce cases require that the spouse whose phone records are being cited be notified. In no-fault divorce statuses, a lawyer would have to argue that any text requested would contain information relevant to some other part of the divorce. Mat Camp is a former online editor of Lexicon Services, who focused on providing a comprehensive view of all aspects of the divorce experience. We have been successful in obtaining messages through subpoenas in some divorce proceedings, but it is not common to succeed in this area because the text must be authenticated.
Despite logistics, texting is now the most common form of evidence used in today's divorce courts. It is advisable to have a draft lawyer and send the letter, citing the relevant provisions of the Stored Communications Act and applicable state law. However, legally obtained text messages may be admissible depending on the circumstances of the divorce.
