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darling1210

Junior Member
What is the name of your state (only U.S. law)? Indiana

I would like to get text messages from my spouses cell phone inorder to determine if I file for divorce. Can I get an attorney just to request the information from the cell phone company without filing for a divorce? The results will determine if I file or not.What is the name of your state (only U.S. law)? :confused:
 


Proserpina

Senior Member
What is the name of your state (only U.S. law)? Indiana

I would like to get text messages from my spouses cell phone inorder to determine if I file for divorce. Can I get an attorney just to request the information from the cell phone company without filing for a divorce? The results will determine if I file or not.What is the name of your state (only U.S. law)? :confused:
What do you believe you'll find?

(this might seem a bit obvious, but if you've actually got a reason now to mistrust your spouse the divorce might be inevitable anyway)
 

M&MDaddy

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

I would like to get text messages from my spouses cell phone inorder to determine if I file for divorce. Can I get an attorney just to request the information from the cell phone company without filing for a divorce? The results will determine if I file or not.What is the name of your state (only U.S. law)? :confused:
you will never get the actual text from a txt message..it is not maintained by the cell company for more than a few days (at most), and unless you have a homeland security issue I doubt you would even get a response from the cell carrier. Think of all the storage costs to keep the millions of txt messages sent daily..plus there is the privacy issue, would you want the cell company recording your conversations?
 

Proserpina

Senior Member
you will never get the actual text from a txt message..it is not maintained by the cell company for more than a few days (at most), and unless you have a homeland security issue I doubt you would even get a response from the cell carrier. Think of all the storage costs to keep the millions of txt messages sent daily..plus there is the privacy issue, would you want the cell company recording your conversations?
It can happen.

Text Messages: Deleted, Not Dead - CBS News

(though whether or not OP has just cause is a different matter entirely)
 

M&MDaddy

Member
It can happen.

Text Messages: Deleted, Not Dead - CBS News

(though whether or not OP has just cause is a different matter entirely)
Not trying to argue with you, but that was a 5 year old article and the volume of txting has increased exponentially, my guess is the authorities were able to get messages off of Kobe or the woman's SIM card on the phone, there are devices that allow you to do that.
The official position of the wireless companies is they do not store delivered messages..the unofficial for the NSA may be "we will transfer them to your servers" :) Point is OP shouldnt hold their breath. Even if they are available the cell phone companies would not risk opening that can of worm because you think your spouse cheated on you..or whatever you are looking for.
 

Ohiogal

Queen Bee
Without an open case a subpoena will NOT be issued. OP you either file for divorce or you don't. If it is dependent on text messages then it looks like you don't trust your spouse. So file already.
 

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