Can email/text records be subject to subpoena in a divorce?

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Can email/text records be subject to subpoena in a divorce case (to prove adultery)and if so, will it incriminate third party people?

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Andrew Heft

9 years ago

E-mails and SMS text messages can both be used in court as valid documents as long as they have not been tampered with. They can also be requested by subpoena.

In order to incriminate a third party, adultery would have to be a criminal offense, which it is not. A third party could be asked to testify at trial, thereby involving him or her in the divorce process.

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