QUESTION
Can text messages be used to prove adultery in divorce cases if I subpoena my husband's text messages?
Asked on Mar 12th, 2013 on Divorce - Florida
8 ANSWERS
Text messages will sometimes be accepted by the court in certain cases but dissolution in California is no fault and the court is not interested in the reason the marriage broke up.
Answered on Mar 12th, 2013 at 9:16 PM
Family Law Attorney serving Santa Ana, CA
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Law Office of Rhonda Ellifritz
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In California, adultery is irrelevant
Answered on Mar 12th, 2013 at 1:06 PM
Family Law Attorney serving Villa Park, CA
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The Law Office of John J. Stanton
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Adultery is not usually relevant in a dissolution action, unless you are attempting to prove misuse of community property funds or a danger to your children created by the relationship. California is a no fault state when it comes to divorce. That being said, text messages can be introduced as evidence.
Answered on Mar 12th, 2013 at 1:05 PM
Family Law Issues Attorney serving Camarillo, CA
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Laurie Peters & Associates, APLC
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Adultery is not relevant in a California proceeding. It is a no fault state.
Answered on Mar 12th, 2013 at 1:05 PM
Divorce & Separation Attorney serving Menasha, WI
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Petit & Dommershausen, S.C.
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Adultery does not matter in Wisconsin, it is a no fault state.
Answered on Mar 12th, 2013 at 1:04 PM
Bankruptcy Attorney serving North Olmsted, OH
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James F. Lentz Attorney & Counselor at Law
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In Ohio, you still need to prove a cause of divorce. Adultery is one of the causes, which under some circumstances can result in a division of property in favor of the injured party. When using documents for evidence, they must be authenticated. That means someone must say they are real or they may be considered hearsay and inadmissable. There are arguments possible to get around the hearsay rule. Please consult a family law attorney for information about the necessity for cause of a divorce in Ohio and what it may mean for you before you proceed.
Answered on Mar 12th, 2013 at 1:03 PM
Commercial Contracts Attorney serving Boise, ID
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Peters Law, PLLC
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Sure. You may just have to prove their authenticity.
Answered on Mar 12th, 2013 at 1:03 PM
John Arthur Smitten
Yes.
Answered on Mar 12th, 2013 at 1:03 PM