How can I obtain a copy of my husband's cell phone records?

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Latest post 01-19-2011 3:04 PM by kg4u2. 18 replies.
  • 01-18-2011 12:53 PM

    • kg4u2
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    How can I obtain a copy of my husband's cell phone records?

    The account is in his name.  Is there a way I can obtain a copy of his cell phone records?

  • 01-18-2011 12:57 PM In reply to

    • CJ
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    Re: How can I obtain a copy of my husband's cell phone records?

    Nope. At least not legally. If you are not the account holder then you can not request a copy of his records.

  • 01-18-2011 12:59 PM In reply to

    Re: How can I obtain a copy of my husband's cell phone recor...

    If you are in the process of divorcing, your attorney can subpoena them. Assuming there's a legitimate reason to get them.

  • 01-18-2011 1:00 PM In reply to

    Re: How can I obtain a copy of my husband's cell phone records?

    So if you are still his wife, Why don't you call, and ask the provider to send you a copy of his call records to his known address.

    Unless he's added an extra password, they may not even blink at sending copies of the records to his known address.  I assume you are still living together?

    I know my ex wife did that once.

    I'm not really sure how or what you think his cell records will be useful for however.

    If he's added a final passcode for anything to happen on his account, you may not be able to do anything, however.

     

     

  • 01-18-2011 2:02 PM In reply to

    • kg4u2
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    Re: How can I obtain a copy of my husband's cell phone recor...

    There absolutely is a good reason to request his cell phone records, to prove that he was having an affair, and commited adultry which is a felony where we live.

  • 01-18-2011 2:10 PM In reply to

    Re: How can I obtain a copy of my husband's cell phone recor...

    "to prove that he was having an affair, and commited adultry which is a felony where we live."

    Even if the adultery law is still on the books it is virtually NEVER prosecuted anymore.  In fact I can't recall the last time I have even heard of a successful prosecution for adultery.  The cell records wouldn't be proof of an affair, they are proof of a phone call.

    "That's just my opinion, then again I might be wrong."  Dennis Miller

     

  • 01-18-2011 2:13 PM In reply to

    • Kivi
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    Re: How can I obtain a copy of my husband's cell phone recor...

    Many family court judges won't give "a hoot" about alleged adultry, but sometimes it becomes relevent to an alimony issue.

    While it may be a felony by statute, not too many DA's will prosecute it. They have bigger fish to fry.

    I suggest that you discuss the issue with your attorney. If he or she thinks the cell phone records would be useful, then a subpeona would be necessary. But, if they are not going to be used, then he or she may advise against it.

    Your STBX does, of course, have the right to request that the subpeona be quashed. So, you have to be prepared to offer reasons for wanting these records. This one could mean extra work for your attorney (which you would pay for).

    Sometimes, you have to "pick your battles" carefully.

  • 01-18-2011 2:30 PM In reply to

    Re: How can I obtain a copy of my husband's cell phone recor...

    That's not terribly relevant to your divorce.

    However if BOTH he and the other woman are married (WI law requires that) you can certaily report the crime to the local prosecutor. Just don;t expect them to be very interested in your report.

  • 01-18-2011 11:10 PM In reply to

    • kg4u2
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    Re: How can I obtain a copy of my husband's cell phone recor...

    I was successful in getting the phone records, legally :)

    Now I can do the additional leg work to build my case to at least bring criminal charges against him.  I understand that the DA may not want to prosecute, however can they really pick and choose which statutory violations to prosecute?  

  • 01-18-2011 11:22 PM In reply to

    • DOCAR
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    Re: How can I obtain a copy of my husband's cell phone recor...

    Because that is what they are elected to do, decide what use to put limited resources they have.

  • 01-18-2011 11:39 PM In reply to

    Re: How can I obtain a copy of my husband's cell phone recor...

    kg4u2:
    I understand that the DA may not want to prosecute, however can they really pick and choose which statutory violations to prosecute?  

    Yes.  Also keep in mind he will most likely be spending marital funds to defend himself (if it even gets that far).  Perhaps you can find another way to hurt his financial status, and make this work to your benefit.

    Ok  I'm not a lawyer.  This is only my opinion /suggestion.  Most Replys' are based on information provided by the "original post" (OP).

  • 01-19-2011 12:28 PM In reply to

    Re: How can I obtain a copy of my husband's cell phone recor...

    Absolutely.

    Honestly all you are doing is wasting time and energy - and giving him the satisfaction of knowing how much he hurt you. Why not just ignore him and move on?

  • 01-19-2011 2:36 PM In reply to

    Re: How can I obtain a copy of my husband's cell phone recor...

    I think the only thing you might be able to do is possibly change the division of assets.

    Even that is a stretch.  Here in SC, they actually do (or did) care about adultery and it at least in one case I know, effect the division of assets.  The state of MA, for sure, did not care at all!

    Before you waste alot of time and effort chasing this down, have you spoken to a divorce lawyer?

    It's not like adultery is the crime of the century.  I'm sure, to you, it is.  However, it happens every single day.  How often has anyone ever actually been charged with this crime in your state?  You might want to check that out. I'm betting it's a zero.

     

     

  • 01-19-2011 2:49 PM In reply to

    Re: How can I obtain a copy of my husband's cell phone recor...

    The ONLY case of adultery being charged criminally right now that I am aware of is in Kansas (somewhere in the midwest) because the defendant is HIV positive and he and his wife were "swingers."  Because he infected 10 other people as part of the lifestyle he has 10 counts of adultery charged along with other criminal charges related to exposing them to HIV.  I suspect the adultery charges are stacked on to enhance the possible prison sentence if'/when convicted not because the DA believes it is a crime.  If the defendant were not HIV positive I seriously doubt the DA would be pursuing the adultery case.

    http://news.yahoo.com/s/afp/20110119/ts_alt_afp/uscourtmilitaryaids_20110119061824

    Yes, they can pick and choose which cases to try.  The DA's office does not have unlimited resources.  They have to decide which cases benefit the greater public good and are a wise use of their budget.  How is prosecuting your husband for his affair a benefit to the state as a whole?

    "That's just my opinion, then again I might be wrong."  Dennis Miller

     

  • 01-19-2011 2:52 PM In reply to

    • kg4u2
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    Re: How can I obtain a copy of my husband's cell phone recor...

    Not really hurt, angry is a better word.  To find out that he has been having an affair for the last 8 years gets me a little fired up.  

    It is worth the time and energy because it at the very least will go to his credibility&n... lack there of).  He said he was up north fishing with his brother last July, he was in jail in Omaha.

    I might even get a little satisfaction out of seeing his name in the local paper if I do go to the police department and file a complaint. 

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