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Acquiring Text Messages by Subpoena in Divorce Cases

Posted by Unknown | Oct 28, 2020 | 0 Comments

Acquiring Text Messages by Subpoena in Divorce Cases

Drama-Free Divorce can provide the assistance necessary for you if you require information on 'acquiring text messages by subpoena in divorce cases'. Flexible financing solutions start from $500 per month in the Kansas City area, making our flexible financing solutions accessible and helping to cover divorce expenses easily. Additionally, our pricing structure has been made transparent so there are no unpleasant surprises along the way.

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Text messages have become an indispensable piece of evidence in digitally enabled divorce cases, yet can they be subpoenaed? This article investigates how text message subpoenaing works for these proceedings and offers step-by-step guides, valuable insights, and tips on finding an attorney for this complex terrain.


Can phone records be subpoenaed during a divorce proceeding?

As technology changes and people increasingly depend on mobile phones for communication purposes, divorce proceedings often include an extensive investigation of both spouses' lives, including text messages. Can text messages and phone records be subpoenaed as evidence in a divorce case? Yes, but the answer has more depth.


4 Steps To Subpoena Text Messages in Divorce Cases

  1. Consult an Attorney: Before embarking on the journey of divorce, seek legal advice from an experienced divorce lawyer who can advise and assist with understanding legal proceedings while helping ensure you do not overstep boundaries.
  2. Divorce Proceedings: If necessary, commence the divorce proceedings. Before submitting text messages for subpoenaing purposes, typically filing for divorce is the prerequisite step.
  3. Drafting Subpoena: Your lawyer will draft a subpoena detailing your request to obtain any texts you feel are relevant to your case, with the dates and parties involved clearly indicated.
  4. Service and Compliance: Once the court has granted approval for a subpoena, it will be sent out and served to the appropriate party, usually the telephone service provider. Compliance with this subpoena will trigger the retrieval of requested text messages from storage devices.


Can an attorney subpoena delete text messages?

Subpoena-ability of deleted text messages is a commonly asked question. Even deleted messages may still be recoverable in certain circumstances if stored on a server in the cloud or as a backup. This process might require professional forensic expertise which your attorney can arrange.


How far back can you subpoena text messages?

Text messages may be subject to subpoena for various periods, and retrievable up to one year in advance. Therefore, it's essential that you contact your lawyer to learn about any limitations in your jurisdiction.


Why is hiring a divorce attorney better than going without one?

Divorce can be both emotionally and legally complex. While you can represent yourself, having an attorney on board could make all the difference. Here's why:

  • Legal Knowledge: Divorce lawyers possess expert knowledge of family laws and can make sure that no crucial details slip by unnoticed.
  • Negotiation Skills: They have the skills necessary to negotiate on your behalf in order to obtain the optimal settlement possible.
  • Objective Perspective: Divorce can be emotionally charged. Attorneys provide impartial perspectives to assist with making smart decisions during this difficult period.


When is the right time to hire an attorney?

You should seek legal advice as soon as possible if you are considering divorce. Early legal advice can help you to make better decisions, protect your interests, and smooth out the divorce process.


What should the criteria for choosing an excellent attorney be?

Finding the appropriate lawyer is of utmost importance, so take note of these criteria when searching for one:

  • Experience: When hiring an attorney for your divorce case, select someone with extensive knowledge in this area.
  • Reputation: Do a background check by reading reviews online, seeking recommendations, and verifying their professional standing.
  • Communication: To be effective, an attorney must be able to effectively communicate with clients and explain legal matters clearly and plainly.


Why Choose Drama-Free Solutions?

Divorce: Drama-Free Divorce offers stress-free divorce services through their team of highly experienced attorneys with proven success rates. We always ensure our clients remain fully informed as to the status of their case, keeping you up to date at every turn with everything that's going on and keeping our commitment to excellence as part of a promise to help clients navigate through all the complexities associated with a separation or divorce process.


Suggestions for Action

  • Speak to an Attorney: Reach out to a divorce attorney in order to explore your case and all available solutions.
  • Start the Divorce Process Now: If you haven't started yet, initiate the legal proceedings to start your divorce in accordance with local regulations.
  • Collect Evidence: Work closely with your attorney to collect text messages or other evidence pertinent to your case.
  • Prepare for the Negotiation Phase: Be confident when making decisions under legal advice, guided by your attorney.

Divorce cases offer the ability to obtain text messages through subpoenas. While the process can be challenging, you can successfully navigate the digital world with the help of an attorney on your side. Contact us today at 816 615-5555 or send us an email on our Contact Page.

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