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rindercella

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What is the name of your state? Texas
i would like to know if i can use email messages sent to my husbands private hotmail account to prove adultery in court. he did not give me the password to the account but i know what it is and can access the account to print out the incriminating emails. i am wondering if this evidence would be inadmissable because the account is registered solely in his name. please help.
 


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Boxcarbill

Guest
rindercella said:
What is the name of your state? Texas
i would like to know if i can use email messages sent to my husbands private hotmail account to prove adultery in court. he did not give me the password to the account but i know what it is and can access the account to print out the incriminating emails. i am wondering if this evidence would be inadmissable because the account is registered solely in his name. please help.
Why would you want to complicate the process by alleging fault? Texas is a no-fault state:

Grounds for Divorce

The marriage has become insupportable because of discord or conflict of personalities between Petitioner and Respondent that destroys the legitimate ends of the marriage relationship and prevents any reasonable expectation of reconciliation.

Now if you allege fault in the marital breakup, you do have to prove the ground that you are alleging. (I know of at least one judge who actually took advantage of this and refused to grant the divorce because the parties had alleged adultery as the grounds for divorce and failed to prove it. The Judge said that they deserved to stay married to each other!)

But to answer your question. You would be offering the e-mail to prove adultery. The definition of "Hearsay" under the Texas rules of evidence is a statement (including a writing) which is made out of court and offered in court to prove the truth of the matter asserted. So as you can see the e-mail is hearsay and unless the writing can fit within one of the hearsay exceptions, it isn't coming in. Of course, "hearsay" is just one of the rules of evidence which apply. You also have authentication. But fail to see how the e-mail would prove adultery. I think you are going to need a lot more credible evidence than an e-mail to prove adultery. But again, why make a divorce more expensive, complicated and take much, much longer it would otherwise by alleging fault!
 

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