Legal Question in Family Law in New Jersey

Re: text messaging

He must serve a subpeona under a pending divorce to obtain your cell records. The records will only show that you placed telephone calls; proving adultery requires a bit more.

Call me if you like.

Gary Moore, Esquire

Hackensack, New Jersey

www.garymooreattorneyatlaw.com

Re: text messaging

You have been married only a short time. You want a divorce, and you have problems with him that sound like they could be serious. Is your credit affected by his taking out the loan? Criminal acts by him? Accusations of cheating? not simple, not good.

Yes, as Gary Moore said, he could subpoena cell phone records. But this does not sound like your biggest problem.

Now, dont take this wrong, but let me summarize:

you are going to start a divorce. You have to deal with it very soon.

you have a job. he has a job.

and you want to do this without an attorney's advice.

Nothing that an attorney can say over this bulletin board can come close to helping you solve your problems. Careless actions by you will likely cost you thousands of dollars, make your life more difficult, and possibly cause additional harm to the kids.

Hire an attorney. Go see an experienced divorce attorney located reasonably near you, and pay the attorney to review your situation carefully with you, and give you some guidance.

Go hire a lawyer, and figure out what you want to do.

If you would like, give me a call; I am in northern New Jersey. I will be happy to discuss this with you; the telephone consultation will be free.

My contact information can be obtained from the links below, just click on the Attorney Profile link. Let my secretary know you found me through LawGuru.

Disclaimer: Your question and any response does NOT create an attorney-client relationship between you and this law firm. You can not rely on the statements made by an attorney given over the internet. The exact facts of your situation, including facts which you have not mentioned in your question, may completely change the result for your situation.

Re: text messaging

It sounds like a terrible situation for you.

You did not indicate how your H got your text messages. They may not be usable as evidence if they were obtained illegally (which it sounds like). The same is true of your telephone log.

Given the length and circumstances of the marriage, I doubt he will raise them as an issue (it would not be in his best interest based on the other facts).

You should meet with an attorney ASAP for further specific advice.