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Can I Subpoena Text Messages From My Spouse’s Phone In Our Brooklyn Divorce?

There are two elements to be addressed when it comes to seeking court orders to let you explore the contents of your spouse’s personal effects.

The first question you need to answer is, “Why?” If you believe your spouse has made false statements on a financial disclosure and shared details of this in a text message conversation, that might be worth exploring.

On the other hand, if your motivation is to prove that your spouse is having an affair, your lawyer will generally advise you against pursuing an action like this.

Which brings you to the second consideration: What will you get out of this?

The vast majority of divorces in New York are filed on Irretrievable Breakdown grounds, largely because the standards of evidence for proving something like adultery are so high.

You’ll be spending money on extra motions and extra work by your lawyers, but it won’t result in any benefit to you in the settlement.

There are cases where it makes sense to dig deeper, as when you need to prove your spouse is hiding funds or assets.

The attorneys at Zelenitz, Shapiro & D’Agostino can help you get what you need to make the right case, without squandering your resources on dead ends and fishing expeditions.

Call us today at 718-725-9601 for a free consultation with an experienced Brooklyn divorce lawyer.

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