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Electronic(email)/ Ph records access during divorce

 
 
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Reply Mon 25 May, 2009 01:49 pm
Hi,

Could you please tell me if it is possible that during the divorce process, if a spouse have a reason to believe that her husband may have exchanged E-mails and/or Text-messages of suspicious/objectionable/inappropriate nature with one or more people and if the spouse believes that knowing his electronic communication could help make her case stronger, is there a way to access those things ? If so:

1) How would one go about making it happen?
2) How can one stop it from happening?

Thank you so much!
I'd really appreciate your help.

-Grateful
 
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Reply Mon 25 May, 2009 02:09 pm
This is a very vague question.

This is the kind of thing that lawyers are for. You do have a lawyer... right?

My understanding (and I am not a lawyer) is that if there is information that will make someone's case stronger, the judge will insist it be submitted-- unless there is some reason that it is not legally admissible. On the bright side, lawyers have all sorts of reasons to argue that something isn't legally admissible.

I would also think that anything you type here is legally admissible. You might want to think twice before typing anything on a public website that could be used against you. You have already given proof that you have information you have something to hide... you may have already said too much.

So... talk to a good lawyer-- anything you say there is protected.
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