Legal Question in Family Law in Georgia
Me and my husband are are going through a divorce. His lawyer has requested all cell phone logs, text messages ect. I am a nurse who has 25 patients & I work close with a Therapist who is over the therapy department. We use our cell phones to text each other about work. These phones are not company phones. Sometimes we will talk about our kids, family & church. At times we send each other quotes from the bible. I would consider him a friend. We have never been anywhere together, not have we ever kissed, or have any sexual relations with each other. When I looked at my phone records there was significant text messages between us. There were some nights I couldn't sleep nor could he and we had text up to 4am, but it was about work, family and church. There are also phone calls that we had mad to each other as well that were on the cell logs. Can this be used against me to prove an affair was going on, and could this effect the outcome of marital assets?
2 Answers from Attorneys
First of all, you desperately need a lawyer. And yes, he can get the records. And yes, from what you say, the phone records can impact your case. Not having a lawyer will also impact your case.
People do not seem to understand the ramifications of text messages, Facebook postings and phone records. You have to produce what is requested and your husband will probably try to make something out of it. Your husband has an attorney and I suggest you get one yesterday. If there is any information regarding a patient, an attorney can explain how to get that redacted. Otherwise, personal phone, personal messages, definitely discoverable.
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