Although fairly certain my STBX knows nothing of an affair, is it a good idea to disclose the affair to my attorney? Are there any precautions to take to protect myself before the seperation agreement is signed? I wonder about the legality or possibility of cell phone records (text message content specifically) being obtained by an opposing attorney or if that could only be possible under court order.
It is never a bad idea to disclose anything and everything (including affairs, etc.) to your attorney. (Almost) anything you tell your attorney is protected information under attorney-client privliege, or more accurately, your attorney cannot be compelled to provide that information. (If the information is available from other means, there is nothing preventing those other means from being utilized.) The only exceptions to attorney-client privliege really shouldn’t come up if you’ve got your head on straight. (Exceptions are such things as imminent commission of a crime.)
As for text messages, most cell phone companies only keep the actual content for a few days in order to resend if needed. They do, however, record the date, time and recipient.
You should absolutely disclose your affair to your attorney so he or she can effectively represent you. It can be very difficult for an attorney to effectively represent anyone if they do not know all of the facts of the case.
Cell phone records are subject to discovery, and there are some companies out there who can provide the content of text messages.