How do I subpoena text/picture transcript from my cell phone

[fredaduke]

What is the name of your state (only U.S. law)? Ohio
I need to get the cell phone text/picture transcript from verizon to show why I want the separation from my husband. He claims he said nothing sexual to my sister in-law who is married to his best friend. Which I see phone records he's been calling her everyday and texting for more than 2 months. And his friend is filling for divorce. She was seen leaning and touching all on him and he just let her do this.What is the name of your state (only U.S. law)?

 

[mistoffolees]

What is the name of your state (only U.S. law)? Ohio
I need to get the cell phone text/picture transcript from verizon to show why I want the separation from my husband. He claims he said nothing sexual to my sister in-law who is married to his best friend. Which I see phone records he's been calling her everyday and texting for more than 2 months. And his friend is filling for divorce. She was seen leaning and touching all on him and he just let her do this.What is the name of your state (only U.S. law)?

First, the records you want may not exist. Phone companies certainly don't keep records of phone conversations and may or may not have any of the texts.

More importantly, what do you want to accomplish?

Ohio is a no-fault divorce state. You can get a divorce on the grounds of incompatibility without having to prove fault. Proving fault (adultery) will greatly increase the cost and time invested and will make it more difficult across the board.

Ohio law does not expressly forbid the judge from considering adultery in making a property division decision or assigning spousal support, but I'm not sure it's a major factor, either (OhioGAL will probably chime in). But unless there's some really strong reason why you would consider bringing the issue up (such as he bought his gf a yacht and you want to be reimbursed), it's probably not worth the battle.

 

[Ohiogal]

First, the records you want may not exist. Phone companies certainly don't keep records of phone conversations and may or may not have any of the texts.

More importantly, what do you want to accomplish?

Ohio is a no-fault divorce state. You can get a divorce on the grounds of incompatibility without having to prove fault. Proving fault (adultery) will greatly increase the cost and time invested and will make it more difficult across the board.

Ohio law does not expressly forbid the judge from considering adultery in making a property division decision or assigning spousal support, but I'm not sure it's a major factor, either (OhioGAL will probably chime in). But unless there's some really strong reason why you would consider bringing the issue up (such as he bought his gf a yacht and you want to be reimbursed), it's probably not worth the battle.

It can for certain things -- receive spousal support for instance. However I don't get why she wants all this brought in?

 

[mistoffolees]

It can for certain things -- receive spousal support for instance. However I don't get why she wants all this brought in?

It can, but I'm not sure it will make enough difference to cover the added cost of a fault divorce. OP needs to provide some more information - spousal support may not even be an issue. That's why I asked her what she was hoping to accomplish. More often than not, it's simply to make the other person suffer - which is not going to be a wise financial decision.

 

[Ohiogal]

It can, but I'm not sure it will make enough difference to cover the added cost of a fault divorce. OP needs to provide some more information - spousal support may not even be an issue. That's why I asked her what she was hoping to accomplish. More often than not, it's simply to make the other person suffer - which is not going to be a wise financial decision.

To bring in evidence of adultery you do not need a FAULT divorce.