When you file for separation & other spouse is served can you see other people? Also I understand you can’t access spouses phone to get evidence of an extra marital affair unless you have their consent. So if they have texts on Messenger & have texts on Skype how to retrieve those to
use in divorce case? There must be a way to get these for these spouses who assume they can get away with this.
We recommend that you do not date during the separation period. Adultery in North Carolina is considered a criminal act. Further, you are still married while separated, and events that occur during the separation can be used to corroborate any events that happened during the marriage for proving marital misconduct and the ground of illicit sexual behavior in particular. Such evidence can also be used for a lawsuit against your boyfriend/girlfriend for alienation of affection and/or criminal conversation.
Check out our article Dating While Separated for more information on this issue.
If your case is in court, you can subpoena printouts of text messages, Messenger messages, etc… You can also use discovery methods such as request for production of documents to require the other party to produce the printouts of such messages.
Oftentimes at the beginning of a case, whether in court or out of court, a spoliation letter will be sent to the other party, which puts him/her on notice to not delete or destroy any electronic evidence such as texts, Messenger messages, emails, etc. until the case is completed. The spoliation letter helps preserve evidence that the party sending the letter may later need.
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.
If you send spoliation letter to opposing counsel does he notify my spouse? What happens if my husband deletes messages or any social media account that has incriminating evidence on it what can I do about this? Does this include photos?
Yes, your husband’s attorney would notify him of a spoliation letter received from you.
If you suspect that messages or accounts have been deleted, you may have to involve a digital forensic expert to recover this information.
Yes, a spoliation letter can include photos as long as photos are included in the types of electronic material to preserve.
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.