One of the issues is also that while I was not an employee, my spouse had my cell phone listed under his business's plan. Does this mean it is the property of the business and the business should rightly have access to all content?
If text messages are relevant to the divorce proceeding, your attorney should be able to subpoena the phone records, including the business. There are procedures that need to be followed and possibly permission from the court in order to serve the subpoena.
If my answer was helpful to you, please click on "helpful" or "Best Answer". My practice focuses on high net worth and complex divorces, divorce and separation, custody, family based and business immigration, estates and litigation. I'm licensed in PA, MD, NY and NJ. This answer is for informational purposes only. It does not establish an attorney client relationship.
I retagged this,,,,, text messages are hearsay not clear what you are trying to prove,,, you really need to consult an attornet6
This is for general information only. Nothing in this information should be construed as creating an attorney-client relationship nor shall any of this information be construed as providing legal advice. Laws change over time and differ from state to state. These answers are based on California Law.Applicability of the legal principles discussed may differ substantially in individual situations. You should not act upon the information presented herein without consulting an attorney about your particular situation. No attorney-client relationship is established.
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