Facebook - Cell Phone Information

While my wife was having her affair she was communication with her paramour thru Facebook Messanger and text messages thru her cell phone. She has since gotten a new cell phone and the old cell phone has been ’ hidden ’ . I already had a PI obtain the information on the two meeting up in a remote location out in the middle of no where so that should be enough to prove the inappropriate relationship. Though I am wondering if the Facebook messages and the cell phone can be subpoenaed for further proof. I would also like to use the information for suing the paramour for alienation of affection as well.

The more evidence you have, the better. You can subpoena or request in discovery directly from your wife all text messages, emails, Facebook messages, etc.

You should also send a letter to both your wife and the paramour notifying them to place a litigation hold on all potential evidence, both physical and electronic, and to cease all destruction practices in place of all such evidence.

Anna Ayscue

Attorney with Rosen Law Firm Cary • Chapel Hill • Durham • Raleigh • Wake Forest

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