Legal Question in Legal Ethics in Florida

I would like to know what legally do I have todo to attain a court order to access past cell phone text sent and recieved messages to see if my spouse is cheating (adultry). I pay for the phone service and am the primary account holder, the phone company says i need a court order for them to legally go back and pull up what was text from my number to the other to see whats been said. I am trying to seek the truth so I can move on or see that I am wrong and contiue relations properly.

Thank you for your time and really hope there is a way for me to seek this, I havent been right since I realize it has been happening and have seen a few text with my own eyes and would like to conclude this once and for all.


Asked on 12/07/10, 5:12 am

2 Answers from Attorneys

Shelly Schellenberg MI & FL private practice

To conclude this once and for all, you need a divorce lawyer. You have seen this with your "own eyes". What are you waiting for? Florida is a "no-fault" state, so you don't have to prove the other person is cheating to get a divorce. Your property will be divided "equitably" and unless you have a LOT of assets, or a pre-nuptial agreement, or some reason to prove fault, then why bother with the details? Why don't you just turn off the phone?

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Answered on 12/12/10, 5:22 am
Alan Wagner Wagner, McLaughlin & Whittemore P.A.

YOu can't get a court order without filing an action in court.

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Answered on 12/12/10, 7:11 pm


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