Meduza666 Posted June 25, 2008 Posted June 25, 2008 I am planning on filing for divorce, and would like to know if I can subpoena my husband’s emails. I am not sure if he has any other email accounts that I am unaware of... Thanks, M.
Owl Posted June 25, 2008 Posted June 25, 2008 Theoretically, yes you can. Your best bet is to ask your attorney this question tho. All of us "internet lawyers" can only provide hearsay.
stampdaddy Posted June 25, 2008 Posted June 25, 2008 Can I ask WHY you are wanting to do that? I am curious. Thanks
twice_shy Posted June 25, 2008 Posted June 25, 2008 I am planning on filing for divorce, and would like to know if I can subpoena my husband’s emails. I am not sure if he has any other email accounts that I am unaware of... Thanks, M. Yes you can subpoena emails if the content of them is relevant to your case. You just can't invade someones privacy for nothing. If it involves infidelity, then there is no point in subpoening them. Because infidelity has no bearing on anything in a divorce. The courts don't care. It should have some bearing, but they don't.
Ronni_W Posted June 25, 2008 Posted June 25, 2008 M, Since you posted in the 'infidelity' forum, I'm guessing it is about helping to prove your husband's infidelity(?) In any event, I'd also ask the lawyer about the (financial) costs versus benefits. Only you can determine your emotional benefits versus costs, but that is also worth your consideration, IMO. In my own case, I found divorce is tough enough on the psyche without adding stuff that won't be truly beneficial to the Self.
Owl Posted June 26, 2008 Posted June 26, 2008 It really does depend...some states do still have the "alienation of affection" laws, and so these may be required to prove that out.
Art_Critic Posted June 26, 2008 Posted June 26, 2008 It's all part of the discovery process of a divorce.. Any divorce today that gets filed and goes thru discovery the emails and email addresses that you or your spouse have had will be asked to be turned over.. It isn't a subpoena but both sides get to see all the emails unless they are protected by attorney client privilege. the divorce will have to be filed and underway and both sides will have to have counsel...
Lookingforward Posted June 26, 2008 Posted June 26, 2008 It's all part of the discovery process of a divorce.. Any divorce today that gets filed and goes thru discovery the emails and email addresses that you or your spouse have had will be asked to be turned over.. It isn't a subpoena but both sides get to see all the emails unless they are protected by attorney client privilege. the divorce will have to be filed and underway and both sides will have to have counsel... But the emails would only be relevant if it wasn't a no fault state, right ?
Art_Critic Posted June 26, 2008 Posted June 26, 2008 But the emails would only be relevant if it wasn't a no fault state, right ? Relevance doesn't mean anything in the discovery process.. during discovery you can ask for the moon and they have to provide it.. but that doesn't mean it can be used in court... It can be used for other reasons though.. such as finding out about affairs and such... Georgia is a no fault state and during the discovery process of my divorce years ago I had to provide copies of all emails and addresses I've ever used.
Lookingforward Posted June 26, 2008 Posted June 26, 2008 Relevance doesn't mean anything in the discovery process.. during discovery you can ask for the moon and they have to provide it.. but that doesn't mean it can be used in court... It can be used for other reasons though.. such as finding out about affairs and such... Georgia is a no fault state and during the discovery process of my divorce years ago I had to provide copies of all emails and addresses I've ever used. So much for privacy I guess - can they subpoena your personal diaries/journals as well ? (one more reason not to ever get married again I guess)
bish Posted June 26, 2008 Posted June 26, 2008 Relevance doesn't mean anything in the discovery process.. during discovery you can ask for the moon and they have to provide it.. but that doesn't mean it can be used in court... It can be used for other reasons though.. such as finding out about affairs and such... I would think that if they are forced to give up email addresses, that anything read that does not involve the divorce would be grounds for a counter suit. Say emails to individuals regarding, for example, health related problems(HIPPA violation). Or any other violation of privacy during the discovery process. Maybe not, I don't know.
Art_Critic Posted June 26, 2008 Posted June 26, 2008 I would think that if they are forced to give up email addresses, that anything read that does not involve the divorce would be grounds for a counter suit. Say emails to individuals regarding, for example, health related problems(HIPPA violation). Or any other violation of privacy during the discovery process. Maybe not, I don't know. I do believe that if there is a valid reason that your attorney can redact certain items during the discovery.. but those items are still or can be reviewable by a judge if the other side feels the data should be turned over.. In the end you were or are married to someone and are seeeking a divorce so very little isn't wide open for inspection... Claiming Hippa violations on a spouse would be a stretch for a divorce proceeding... and yes diaries and anything that happened or was created during the marriage is discoverable...
Lookingforward Posted June 26, 2008 Posted June 26, 2008 Don't screw your spouse over and it won't be an issue. I don't have a spouse so I guess it's a non issue for me at least - as I said, just one more reason NOT to get M
Lookingforward Posted June 26, 2008 Posted June 26, 2008 I do believe that if there is a valid reason that your attorney can redact certain items during the discovery.. but those items are still or can be reviewable by a judge if the other side feels the data should be turned over.. In the end you were or are married to someone and are seeeking a divorce so very little isn't wide open for inspection... Claiming Hippa violations on a spouse would be a stretch for a divorce proceeding... and yes diaries and anything that happened or was created during the marriage is discoverable... This is so laughable - yet when M you can't ask your spouse's doctor what medications they are taking LMAO :lmao: talk about BS***
bish Posted June 26, 2008 Posted June 26, 2008 Claiming Hippa violations on a spouse would be a stretch for a divorce proceeding... Oh I wouldn't bet on it. The insurance provider would not release information to me about my xW's visits. I get reimbursed for the bills I pay through a cafeteria plan here at work I pay in to. They told me I couldn't get the "explanation of benefits" because she isn't my wife any longer. I explained that at the time she WAS my wife and I can't get reimbursed for it. They said, "thats not our problem" So you can imagine I was fairly put off. But before I could hang up they said, "but we do have a matter of an unpaid bill in her name we need you to settle up". I said, "she isn't my wife any longer, not my problem".
trust Posted June 26, 2008 Posted June 26, 2008 You really need to talk to a divorce attorney about that. Laws in your State will vary. Tricks and exceptions are in abundance. With a friend in a neighboring state, his wife was a "State Employee." Using the "Open Records Act" in that State, the private investigator hired by the husband requested a copy of the records on her work computer in accordance with the Open Records Act (nothing to do with the discovery period in a hearing.) This evidence was later,and legally, used against her in a divorce case brought about by the husband. This was a "trick" and she never saw it coming. Again, your neighborhood, low down, dirty divorce attorney, and his PI sidekick, can cover all of that with you.
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