Text Messaging

I found several text messages going on by my husband and divorced women. How can I get a supoena to get the word for word text messages from Cingular/ATT????? Cingular said they could release the messages with a supoena. This is a shared account but it is under my name only. I need these to prove adultery and to close the chapter in my life.

[tbyte]

Why do you need to prove adultery? Many State are "no-fault divorce" States, and so this information would have little or no bearing on the proceedings. Check the laws and practices of your State before you invest a lot of time down this inquiry.

[angel1964]

Even if states are no fault you can still go to court to prove adultery. It is going to cost a pretty penny but you can do it. If its your account whay wont they give it to you

[tbyte]

OK, but why? What is to be gained from proving adultery? Does that position you better in the divorce proceedings? I doubt it. The opposite spouse could claim that you were cold, or cruel, and then the whole mess degenerates into a he-said/she-said argument, which is precisely the reason States have moved to no-fault divorces in the first case.

[angel1964]

More good advice there T. Yes it will make a difference in court. Especially if kids are involved. Cheating liars. And of course it is a man your sticking up for again.

[tbyte]

PLEASE cite a law, or a court ruling, or a statute to support your contention that this would make any difference in a no-fault divorce state.
PLEASE. The laws of all 50 states are available online. Otherwise, shut up and stop telling people to pursue avenues that will only waste their time, cost them money, create more bitterness, and may even annoy the courts enough to bias the final outcome against them.

[angel1964]

Ok T then why is it that 2 people I know, there spouses cheat on them and we are in a no fault state and the cases could have proceeded on adultery???One of the cases is going on right now. Why wouldnt a judge allow evidence that a spouse was cheating for over 10 yrs not to be admitted. This could prove a lot of things in court in favor of the other party. You shut up smart mouth. You give the worst advice on here, you contstantly bash woman and make fun of people all the time. And you have the nerve to tell people they need to learn how to post on here. And my advice is just that, advice. I wouldnt go by what anyone says on here. I take the advice into consideration and check everything out first. Go back under the rock you crawled out from.

[tbyte]

...and of course, you have once again completely failed to answer my question or support your arguments.

[angel1964]

Fault Based Grounds:
(1) adultery; (2) Fraud; (3) wilful desertion for 1 year; (4) seven years’ absence, during all of which period the absent party has not been heard from; (5) habitual intemperance; (6) intolerable cruelty (mental and verbal); (7) imprisonment for a period in excess of one year; (8) mental illness for at least 5 years.

Here you go T. This is for CT the state in which I live which you say is a no fault state. So there is my proof. Anything else smart guy.

[tbyte]

First, brainiac, "no-fault" divorce does not imply that neither party was at fault in the marriage. It merely means that such behavior is not required to be proved before a divorce is granted.
ALL States allow no-fault divorce.
Some States, however, require a period of separation prior to divorce unless fault can be shown. Connecticut is one of these States.

Originally Posted by angel1964

This is for CT the state in which I live which you say is a no fault state. So there is my proof. Anything else smart guy.

I never said anything about whether your State was a no-fault divorce State. It is obvious that you have enough difficulty expressing your own thoughts without the burden of putting words in my mouth, so I will just assume that reading comprehension was never your forte' and move on, smart gal.
Now, the sad thing, Angel, is that it took me all of 60 seconds to find this information (http://www.divorcelawinfo.com/Pages/grounds.html). In the future, before you open your mouth, try this handy link first:Google