Q: What an email service provider is issued a court order to produce deleted emails what happens next?
I'm in NJ and about to start a divorce action as my wife was having an affair with a married man and much of their communications was done using email according to her. She has given me some of those emails, but there are many more which are now deleted. I understand that I must prove that the request is relevant, and that the email service providers use local agents to receive such requests. My question is will this be worth my time and resources, will this effort actually produce the deleted emails that I seek that prove adultery?
A: Sorry, but its impossible for any competent family law attorney to give you this type of advice without sitting down with you to review the issues outstanding and to get a better understanding of the value / cost of attempting to obtain the materials. My suggestion is to pay for a consultation with a divorce lawyer to get a better handle on what is involved in obtaining the materials and whether it's worth pursuing.
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A: You need to retain an experienced matrimonial attorney to represent you in this matter. In New Jersey the grounds for divorce have no effect at all on the economic issues or property issues. But if you can prove or provide your attorney with proof that your not yet ex-spouse is actually living with someone else all the time or a signification amount of time you can avoid having to pay spousal support.
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