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Divorce/Separation Post Reply     Print Topic    
User Topic: Lawyer
LostSamurai
♂ Member
Member # 41347
Default  Posted: 11:28 AM, April 3rd (Thursday), 2014View ProfileEdit MessagePrivate MessageHomepage

Can you hire a lawyer just to retrieve documents from phone company, or do you have to submit you divorce case first. I am going to be contacting a lawyer later today. I just wanted to know before I begin the procedures.


I am now nothing by a mere Ronin.

Posts: 1036 | Registered: Nov 2013 | From: Maryland
Leia
♀ Member
Member # 42510
Default  Posted: 11:53 AM, April 3rd (Thursday), 2014View ProfileEdit MessagePrivate MessageHomepage

I was told, and not by a very reliable source, that some phone companies require a subpoena to give those documents up. So before I hire, I would put that question to him to see if he knows the law in your state. Could use it as a vetting process.


"Somebody get this walking carpet out of my way." Princess Leia, Star Wars

Posts: 296 | Registered: Feb 2014 | From: Kansas
Michman
♂ Member
Member # 41322
Default  Posted: 12:21 PM, April 3rd (Thursday), 2014View ProfileEdit MessagePrivate MessageHomepage

I was told by a Verizon employee that it would take a subpoena. It may be different for different carriers as well as different states.

What are you looking for? Is it important enough to justify the extra hassle and expense? At one point I thought I wanted to see the text messages and what not, but then I really didn't care too. KNow why? There is nothing good there.

Unless your lawyer feels it would give you significant advantage, I wouldn't get the records.

Good luck


Betrayal is the only truth that sticks. -Arthur Miller, lol, that's rich.

Posts: 57 | Registered: Nov 2013
Skye25
♀ New Member
Member # 42954
Default  Posted: 12:53 PM, April 3rd (Thursday), 2014View ProfileEdit MessagePrivate MessageHomepage

It would take a subpoena to get them...however if your spouse has ever backed their phone up on a computer or if you have Verizon icloud it might be on there? That is where is found way more info than I every really wanted. So like someone else said, be careful what you ask for with what you might get. I never in a million years thought I would find, read or every see actions like I did. But on a positive note, it is ALL out in the open now.

Good luck and I am so sorry you are going through this.

If you have access to their phone you can also get something that will download everything, pictures, texts, etc. But consult with someone on the legality of that first...I know its possible just don't know your whole situation and consequences.


Me 40
Him 44
Married 20 years
Dday Feb 2014
kids
DD - 15
DS - 13

Posts: 15 | Registered: Mar 2014 | From: SD
LostSamurai
♂ Member
Member # 41347
Default  Posted: 1:38 PM, April 3rd (Thursday), 2014View ProfileEdit MessagePrivate MessageHomepage

We have Sprint and Iphones and I obtained the data via downloading a backup to my phone...how ever, I think due to the way I got it, it would be unusable in court.


I am now nothing by a mere Ronin.

Posts: 1036 | Registered: Nov 2013 | From: Maryland
brokenblackbird
♀ Member
Member # 29541
Default  Posted: 2:15 PM, April 3rd (Thursday), 2014View ProfileEdit MessagePrivate MessageHomepage

We have Sprint and Iphones and I obtained the data via downloading a backup to my phone...how ever, I think due to the way I got it, it would be unusable in court.

Are you paying the bill? Is it in your name? With Sprint you have the ability to go online and download your bills/usage. It does not show text messages though.

What are you thinking you are going to use in court? Unless you are filing fault, any 'evidence' you have is moot.

First things first, go see a lawyer.


Posts: 757 | Registered: Sep 2010
tushnurse
♀ Member
Member # 21101
Default  Posted: 2:39 PM, April 3rd (Thursday), 2014View ProfileEdit MessagePrivate MessageHomepage

Why do you need them?
You know what she has done, and that she has NOT done anything in the way of R.

What good does having the phone records do you?


Me: FBS
Him: FWS
Kids: 15 & 17
Married for 22 years now, was 16 at the time. .
D-Day Sept 26 2008
Fully R'd, and Happy Happy Happy

Posts: 8145 | Registered: Oct 2008 | From: St. Louis
spond
♂ Member
Member # 41686
Default  Posted: 2:55 PM, April 3rd (Thursday), 2014View ProfileEdit MessagePrivate MessageHomepage

The texting history can be requested from Sprint via http://support.sprint.com/support/article/Get_your_text_message_usage_details/a9035f32-ee60-43ec-8895-d9c84712488d?INTNAV=SU:SE:SS:TextDetails

This wont get you the contents of the message but it is a detailed message history(for the past 90 days).

Below are the data fields you receive.

Texting Number-Texted Number-Inbound/Outbound-Text Start Timestamp-Text End Timestamp

I did this to get the history for my fWW. Sprint mailed a CD with an Excel sheet on it. (would have been cheaper and faster for them to email it though).

With this said, iMessages wont show up anywhere in Sprints records, because it's simply data.

Best of luck.


BH(me) | fWW
2 Kids - Married 2002
D-Day TT & EA | D-Day #2 PA
Reconciling

Posts: 389 | Registered: Dec 2013
LostSamurai
♂ Member
Member # 41347
Default  Posted: 3:12 PM, April 3rd (Thursday), 2014View ProfileEdit MessagePrivate MessageHomepage

If I can proved adultery with evidence I can speed up the divorce process to 6 months in our state.


I am now nothing by a mere Ronin.

Posts: 1036 | Registered: Nov 2013 | From: Maryland
LostSamurai
♂ Member
Member # 41347
Default  Posted: 3:15 PM, April 3rd (Thursday), 2014View ProfileEdit MessagePrivate MessageHomepage

I requested the disc before but Sprint said I have to have a lawyer to get details and I also contacted verizon our previous carrier and I can get information as well showing that as well


I am now nothing by a mere Ronin.

Posts: 1036 | Registered: Nov 2013 | From: Maryland
crisp
♂ Member
Member # 34236
Default  Posted: 6:55 PM, April 3rd (Thursday), 2014View ProfileEdit MessagePrivate MessageHomepage

To answer your question, yes you do need an existing case in order to have a valid subpoena issued. Other posters have pointed out possibilities for obtaining the info through technology or by account ownership. If those methods work, do it. Your lawyer very well may be able to authenticate such records through legal maneuvers such as "requests to admit," "interrogatories" and questions in depositions. Just make sure your lawyer is practical in addition to ruthless. Practicality is very important in situations where the client (you) is emotional and might not make sound decisions based on economics.


Endeavor to persevere. https://www.youtube.com/watch?v=csEzTwKemwY

Posts: 371 | Registered: Dec 2011 | From: NE US
Topic Posts: 11

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