Legal Question in Family Law in Florida

My parents ate getting divorced and my mother thinks my father is cheating and wants him to unlock his phone so he can see his text. He is refusing too do this but is denying that he is having an affair. What I am wanting to know is if my mom is able to get access to these texts in court?


Asked on 7/25/13, 5:52 pm

3 Answers from Attorneys
David Slater David P. Slater, Esq.

No. Fault has nothing to do with marriage dissolution in Florida. The only issue is if the marriage is irretrievably broken.

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Answered on 7/25/13, 6:01 pm
Brent Rose The Orsini & Rose Law Firm

She can probably get the texts as part of "discovery," that is, investigation of the case, but the judge won't be interested in the texts.

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Answered on 7/25/13, 6:10 pm
John Smitten Carey and Leisure

She can likely get access however Florida is a no fault state so who did what to who does not really matter.

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Answered on 7/26/13, 3:17 am


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