How can I subpeona text messages - suspect cheating

[smitnlit]

What is the name of your state (only U.S. law)? NH

I found multiple texts from my husband and another woman I know. He said they were just friends and needed to chat about "her" husband, but I suspect otherwise.

What would I need to do to get the records of the text messages to see if anything inappropriate was taking place?

Do I have to file for a divorce first? I want to see if what he is saying is truth or not.

 

[cyjeff]

You would need a court order.

However, if you believe you are being cheated upon, why do you need proof? Just divorce him.

 

[smitnlit]

I have proof of communication. I want to see if he is being honest that nothing sexual took place. I understand I can't do that without the court order or subpeona, so I'm trying to understand what needs to take place to get one.

 

[Just Blue]

I have proof of communication. I want to see if he is being honest that nothing sexual took place. I understand I can't do that without the court order or subpeona, so I'm trying to understand what needs to take place to get one.

No Judge..even in New Hampshire...will grant a subpoena for phone/text messages to confirm infidelity for a suspicious spouse. Not gonna happen. If you mistrust your husband to this degree you need to file for divorce.

 

[Ronin]

You are not going to get any subpoena issued on your behalf unless you are a party to an ongoing suit. In this case you would most likely have to file for divorce. Then your divorce attorney might subpoena this info if deemed necessary. But even so, if the attorney subpoena is objected to, which it probably will be, then the attorney would have to file for a court ordered subpoena.

By the time you got what you wanted you would be halfway through an expensive divorce proceeding. Then it would really bite if what you suspected turned out to be much less than what you thought it was.

 

[mistoffolees]

You are not going to get any subpoena issued on your behalf unless you are a party to an ongoing suit. In this case you would most likely have to file for divorce. Then your divorce attorney might subpoena this info if deemed necessary. But even so, if the attorney subpoena is objected to, which it probably will be, then the attorney would have to file for a court ordered subpoena.

By the time you got what you wanted you would be halfway through an expensive divorce proceeding. Then it would really bite if what you suspected turned out to be much less than what you thought it was.

Not to mention that it's unlikely that the text messages can be produced. The phone company doesn't have everyone's old text messages and it would be easy enough for him to delete them even if he saved them (illegal, but no one would be able to prove it).