This often proves pointless, however, because litigants tend to delete their messages and claim that they no longer have access to them. However, in a civil case, the cell phone provider will only provide records of when the text messages were sent, not the content of the texts themselves.
What is a Subpoena and How Is It Used in a Divorce?
Text messages can also be printed. If you and your spouse share a phone account, you may legally be allowed to access their phone and print their messages. However, these types of actions should be discussed with a qualified and ethical divorce attorney. Text messages can be valuable evidence in a contested divorce, but how you retrieve them matters. Jennifer Espronceda can explain how to legally obtain text messages so they can be admissible.
Visit our divorce service page for more legal information and tips on divorcing. Alamo St San Antonio, Texas Alamo San Antonio, Texas Nov The mere fact that a court has to intervene in a family matter to solve a problem is enough to make tensions run high.
Can Someone Subpoena My Email, Facebook and Cell Phone Text Messages?
Some family members may be hesitant to testify, offer information, or give up evidence that is relevant to a dispute. Fortunately, there is a way to require a person to do these things: the subpoena.
A subpoena is a legal document ordered under the authority of the court that requires a person to act in a specific way. If you receive a subpoena you can be required to show up to court, produce documents, or show up in court with documents.
When Someone Uses a Web-Based Email Provider
Subpoenas can be used by either the plaintiff or defendant in any family law proceeding, including divorces , child custody matters, and alimony disputes. Since these legal disputes are often very personal and have high stakes, certain parties may be unwilling to volunteer their insight or valuable information. Subpoenas can be used, quite literally, to force these unwilling parties to participate. There are three primary types of subpoenas that can be useful in California family law matters: personal appearance, production of documents, and a hybrid of the two.
4 Steps to Acquiring Text Messages by Subpoena in Divorce Cases
A subpoena can be used to order a person to show up in court or at some other legal proceeding to testify under oath. This type of subpoena [ SUBP ] can be useful in getting important testimony on the record that:. Example: Sal and Jan are getting divorced and cannot agree on how custody of their children should be divided.
Jan wants sole physical custody of the children, primarily because Sal has a drug addiction.
Sal argues that he is clean and sober, and that his drug use is no longer an issue. Jan knows for a fact that Sal recently used drugs with a few of his friends.
A subpoena does not always mean that the recipient will have to show up in court to testify. Subpoenas [ SUBP ] can also be used to require a person to turn over documents that are relevant to a legal proceeding.
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Example: Ed and Sue are getting divorced and have agreed to share custody of their two children. Sue will have timeshare custody of 70 percent, while Ed will have timeshare custody of 30 percent. Ed spends less time with the kids and earns more money, so he will be responsible for paying child support.