If a spouse has been communicating on Skype through text messaging with someone how to produce those messages in a divorce? I took photos of some of them off my husbands phone which proves he was having a relationship with this girl. However since I took this off his phone he of course did not give me access to his phone I just know the password. How to make him turn this information over? Can you ask for it in the interrogatories? I am getting his phone records plus I was have texts from Verizon showing he went way over his data usage. How can I make him produce these texts so he can’t hide behind so called privacy on social media sites.
The best way to get an opposing party to produce text messages, Facebook messages, emails or other electronic communication is to ask for them in a Request for Production of Documents and Things. This is a type of discovery used in a court case to gain evidence and information from the opposing party before a trial. Request for Production of Documents and Things are typically served along with Interrogatories.
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.
When you request this documentation what happens if my spouse deletes say his Skype account with the texts, or say texts from Messenger or any other social media account? Could my spouse do this to avoid turning these over?
He will be unable to produce information that no longer exists if he deletes the accounts prior to receiving a discovery request for them. You can send him a spoliation letter which is a letter that puts the recipient on notice to not destroy or delete electronic evidence such as text messages, Skype accounts, emails, etc. because of the possibility that they will be needed at trial.
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.