Phone records/text messages - are they LEGALLY obtained?


#1

My husband gave me permission to access his Sprint account (online) all during our marriage. He never took it away (by changing any passwords, etc) when we separated. So I have all his phone records as well as his text messaging between him & his new girlfriend. I’ve read where obtaining information like this has to be done LEGALLY or else the evidence can’t be used. Would this be considered legal since he gave me permission and never changed the passwords to prevent me from getting into his account?

And would the text messages saying they’ve had SEX be enough to prove Criminal Conversation? They got together several weeks AFTER he moved out. We are not legally separated yet nor have signed any separation papers.

Thanks!


#2

Also I wanted to let you know that my ex’s Sprint account is in his name only. We have separate phone accounts. But he gave me permission to access his acount, and I guess he has forgotten that I could STILL access them. If he CLAIMS that he never gave me permission, then how would I have accessed his account to begin with? I also have records to show that I’ve personally paid his account several times online (which should prove I had permission to access it).

Thanks again!


#3

If you used the online account to pay the bill and had permissive access the records were obtained legally, whether he knew about it or not.

The text messages will be good evidence in moving forward with a criminal conversation claim, however ultimately the jury will decide if, by a preponderance of the evidence standard, intercourse actually occurred.

There is no legal separation in NC, it is merely the act of living separate and apart. For now (and until October 1) the post separation acts can be used for a third party claim.