The attorney can also ask the court to order your spouse to disclose text messages, and failure to cooperate may result in the finding of contempt against the spouse. The attorney can subsequently send a subpoena for the relevant messages for a certain time period. This letter should refer to legal standards, including the Federal Stored Communications Act, 18 U.S.C. One way might be to send a letter to the cell phone carrier, through an attorney, explaining the need to preserve text messages for a divorce case. Obtaining a spouse’s text messages can ordinarily be done in two ways. Text messages can be presented as screenshots or messages can often be produced by serving a subpoena upon the cell phone provider who may subsequently be compelled to release that information. Often, these messages are entered into evidence during a court proceeding to prove certain words were said by one party to another. Text messages are rapidly becoming a very common evidentiary product in domestic relations cases. However, sending a text message creates a permanent record of your words and can potentially be used for an adverse purpose. Text messaging is commonplace and often is preferred to talking directly on the phone. One of the newest technological advances of the 21st century is the ability to communicate quickly and effectively with one another via text.
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