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
Rosen Online | Unlimited confidential access to a North Carolina attorney for $199/mo - click here
The response posted above is based upon the limited factual information made available and is not intended as a full and complete response to the question. The only reliable manner to obtain complete and adequate legal advice is to consult with an attorney, fully explain your situation, and allow the attorney sufficient opportunity to research the applicable law and facts required to render an accurate opinion. The basic information provided above is intended as a public service only, a full discussion with an attorney should be undertaken before taking any action. The information posted on this forum is available for public viewing and is not intended to create an attorney client relationship with any individual. These answers are provided for informational purposes only, a person should consult with their own individual legal counsel before taking any action that could affect their legal rights or obligations.