Legal Question in Family Law in Iowa

obtaining text message records

When seeking a divorce in Iowa, is is possible for the person who is filing for divorce to obtain text message records of their spouse because they suspect infidelity? Would a lawyer or judge be able to subpeona those records or is that commonly done? If not for infidelity, what grounds would those records be obtainable?


Asked on 9/13/05, 2:51 pm

1 Answer from Attorneys
Robert Luedeman solo practitioner

Re: obtaining text message records

Infidelity is irrelevant. We have no fault divorce in this state. You'd have to subpoena the messages from the cell phone provider. Assuming that you are in litigation you might well be able to subpoena such information, but as a practical matter it would not be of much use as fault is pretty much out of the divorce equation these days.

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Answered on 9/13/05, 3:11 pm


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