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email in divorce court?

Discussion in 'Divorce, Separation, Annulment' started by twcsmom, Aug 19, 2003.

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  1. twcsmom

    twcsmom Law Topic Starter New Member

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    Can an email between two people be admissible in a divorce hearing proceedure? The emails were obtained from a person logging on their spouse's email account and printing them off. The emails were not to the other spouse, they were between the spouse and the lover, and then from the lover to the spouse. There were also emails from certain online services to the spouse. This hearing will be in Texas.
     
  2. Michael Wechsler

    Michael Wechsler Administrator Staff Member

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    Was the e-mail account shared? If it was then the spouse had no less right to access the account. My understanding is that if your spouse had the password because you gave it to him/her, then there might be issues of consent. Getting stored information as opposed to that which is being downloaded might also be a factor (Electronic Communications Privacy Act ) in whether civil and criminal penalties are warranted.

    It may be criminal for your spouse to have obtained unauthorized to your email account. There is potential that misconduct in obtaining access to the email might render the contents of the email inadmissible for the purposes of the divorce but then again, it might not rise to this level. This area is fact intensive and we need more information as to how the access was obtained.
     
  3. domesticrich

    domesticrich New Member

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    I am in the same situation. Obtained emails and photos through her account. We have separate accounts online but I pay for the service and we have each others user name and passwords. I am trying for a dissolution and may not need the info.
     
  4. Denise999

    Denise999 New Member

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    i did the same thing to my military husband stationed in Germany. it was his personal email account, but i had POA, and basically he told me all his personal info one time regarding the answers to questions regarding a credit card account. So, I tired one of the answers, and it worked and i got into it. IT IS WAS WORTH IT TOO.
     

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