Moreno Valley, CA asked in Divorce and Military Law for California

Q: Can old, deleted, text messages be subpoenaed from AT&T to assist in divorce?

I have a confession that an affair took place, but it’s been deleted off my phone for a few years and I need it for court. He’s in the military.

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2 Lawyer Answers
Tobie B. Waxman
Tobie B. Waxman
  • Culver City, CA
  • Licensed in California

A: This is a tech question. Have you asked AT&T if the messages can be retrieved? Why is this information necessary for your case? California is a no-fault state. Meaning, an affair is not relevant, unless you are trying to prove that community funds were used to finance the affair, or community funds were purchased to buy gifts for the other woman/man, or he used community funds to travel or stay in hotels for the affair.

James L. Arrasmith
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
  • Sacramento, CA
  • Licensed in California

A: You would need to contact ATT and find out their policy for how long they hold text messages for after they are deleted.

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