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Harris
Harris, Law Specialist
Category: Law
Satisfied Customers: 2849
Experience:  Family Law - Specialist in Divorce, Financial Relief and Children Matters
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I have just recently split from my wife. i believe she is

Customer Question

i have just recently split from my wife. i believe she is having an affair due to the high number of text messages to the same number over the last few months. she hasnt been the same person since going full time at work.
what is my stand on getting hold of the context of the text messages so i can back up my claim?
thanks
Dean
Submitted: 1 year ago.
Category: Law
Expert:  Harris replied 1 year ago.

Hi, thank you for your question. Please confirm if you are intending on pursuing a divorce and to use the text messages in your divorce application?

Customer: replied 1 year ago.
hi,if it turns out to be the case then i would use the text messages for the application
Customer: replied 1 year ago.
i just need help as to how i go about getting/using the contents of the hundreds of text messages that have been sent & received?
Expert:  Harris replied 1 year ago.

Thank you for confirming. If you were to pursue a divorce under the fact of unreasonable behaviour you would not need to attach or provide any of the text messages in the application for divorce. All you will need to do is make list of the most unreasonable messages and any other behaviour which has led to an irretrievable breakdown of the marriage. Once issued, your wife will be served with a copy of the divorce petition and has the right to defend the divorce if she does not agree that the marriage has irretrievably broken down - which is difficult to do and the vast majority of divorce applications do eventually get granted.

The divorce can be issued using a divorce petition and a £550 court fee to your local divorce centre - you can see more here: https://www.gov.uk/divorce/overview

I hope this assists you. If you found this information helpful please provide a positive rating using the stars at the top of this page. I will not be credited for your question without a positive rating. Thank you

Customer: replied 1 year ago.
ok thanks, ***** *****
how do i make list of the most unreasonable messages if i dont know what has been written?
Expert:  Harris replied 1 year ago.

Oh I see - I thought you had already seen the text messages. Unfortunately, in that case there is no way you can obtain the messages unless she agrees to show you them, but if you believe the marriage has irretrievably broken down due to her unreasonable behaviour you can rely on that behaviour to pursue a divorce instead of any text messages.

Harris and 3 other Law Specialists are ready to help you
Customer: replied 1 year ago.
Will I be charged anymore for asking more questions??
If yes don't worry but if not then the phone used in this case is registered to me so could I get the contents/picture messages of those text messages?
Expert:  Harris replied 1 year ago.

Yes of course - what is the question?

Customer: replied 1 year ago.
Is that yes I will be charged more or yes it is free?
Expert:  Harris replied 1 year ago.

You will not be charged more

Customer: replied 1 year ago.
Ok thanks for confirming. The phone my wife uses is in my name and registered to me. Can I get the contents of the messages if I was to take this further?
Expert:  Harris replied 1 year ago.

As it is registered to you, you would be entitled to access records from the mobile company, however the records they keep are likely to only be details of numbers called, received and numbers that have been messaged - so not the actual contents of the messages. The contents will be kept on the phone. As the phone is in your name it is your property so you should request it back from her, however, even if she were to return it to you there is no guarantee that she will keep the messages on there.