internet records?

This is a discussion on internet records? within the Divorce, Separation, Annulment forum, part of the FAMILY LAW, DIVORCE, CUSTODY category; Can any type of internet record/logs(email,facebook.IM etc.) be requested if the party feels the spouse has been cheating or dating ...

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Old Aug 6th, 2009, 02:46 PM   #1
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Can any type of internet record/logs(email,facebook.IM etc.) be requested if the party feels the spouse has been cheating or dating online prior to asking for seperation and divorce? Location is British Columbia, Canada. Any help greatly appreciated.
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Old Aug 7th, 2009, 06:04 AM   #2
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Your question is vague. Requested from who, by who?

All across Canada, the following applies as grounds for divorce.

GROUNDS FOR DIVORCE
There are three possible grounds for a divorce in Canada, as follows:
1) Living separate and apart for at least one year before the divorce judgment. This is the no-fault basis. The divorce may be filed before the year has passed, but the final judgment will not issue until after the one year period has run. It is possible to live separate and apart while still living in the same home, as long as at least one of the spouses intended for there to be a separation and there was actually some manner of separation. Usually, the court will not question this issue.
2) Adultery; or 3) Cruelty. These last two grounds are only available to the filing spouse. This means that if you are the spouse who committed adultery, you cannot also be the spouse who requests the divorce. These two grounds do not have the one year time limit, but are much more difficult to establish and the court may question them and require evidence regarding them. Using these grounds also make it impossible, in some provinces, to file a joint petition, which simplifies the process.

Read this carefully. If you are the spouse committing adultery, you cannot file for divorce under these grounds.
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Old Aug 7th, 2009, 11:04 AM   #3
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requested by me(my lawyer). requested from any web based site she is a part of like facebook, windows live, instant messanger etc. If the records can be pulled and it shows she has been cheating or dating online does that count as adultry? Of course it would have to be before she asked for a seperation and not after. I guess the big question is can the these records/logs be requested to prove adultry?
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Old Aug 7th, 2009, 02:39 PM   #4
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It can be part of discovery in the litigation process yes...
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