Text Messages

If he hasn’t deleted the messages off the phone, then they’ll still be in his ‘sent’ (0r 'outbox) and ‘inbox’ of the messages section.

If he’s deleted them, I don’t know how you’d get them from the provider. If they’re stalling and not giving them to you freely, then I guess you’ll need an order. However, I don’t think you can just get an order without ‘just cause’. That’s something only the cell provider can answer and/or maybe a lawyer.

I guess to clarify my question, I am speaking of text messages that have already been deleted. My provider said there is a history of the content, but would need a legal order to give it out.

Like I said, the account is in my name completely. This is on a second “line”, actually a third. I wish to know if I have to actually hire a divorce lawyer and be proceeding with the whole big deal in order to get the content of these messages subpoenaed, or can I just hire a lawyer for the one act of the subpoenae? I don’t think I’m at the point of divorcing yet - but these messages could be very enlightening to me.

If there is an action filed where the text messages are relevant you can send a subpoena for the text messages to the phone company. If there is no court action pending you cannot send a subpoena. In addition, in an action solely for absolute divorce the text messages are not going to be considered to be relevant.

P.S. Please feel free to bring up this or any other topic on our live call-in show every Wednesday at 11:00 a.m. EST. Visit radio.rosen.com/live for details

Helena M. Nevicosi
Attorney with Rosen Law Firm

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(Lee County)I understand that text messages can be subpoenaed. My question is do you have to already be in the process of divorce to get them?

The account is in my name & I’m still having trouble getting them from my provider. I wish to have them for my own information really. My son told me that there was a way to get them from the phone directly, but I don’t understand all of that, so I’d just rather find out what has to be done (legally) to get the content of these messages. Do I have to actually “hire” a divorce lawyer and take it that far? or is there a simpler way to do it if you aren’t ready to make that big step yet?