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Ask Clare Your Own Question
Clare, Family Solicitor
Category: Family Law
Satisfied Customers: 35037
Experience:  I have been a solicitor in High Street Practise since 1985 and have specialised in Family Law for the last 10 years
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My husband and I have recently separated due to a suspected

Customer Question

My husband and I have recently separated due to a suspected affair. Although he is denying the affair, I have telephone records of 100's of text messaged and phone calls to her from his phone. He is claiming they are just friends and I am over-reacting.

The telephone contract is in my name (we have 3 numbers, used by myself, my husband and our son one one contract). If I started divorce proceedings, would I be able to request a transcript of the text messages from the mobile service provider, to use as evidence?
Submitted: 4 years ago.
Category: Family Law
Expert:  Clare replied 4 years ago.
Thank you for your question.
My name is Clare and I will do my best to help you
The simple answer is no - but that does not matter as you do not need them.
They would not give evidence of actual adultery anyway - since they merely have to say it was fantasy.
You should base your divorce petition on Unreasonable Behaviour an dyou do not need evidence from the texts for that
Please ask if you need further details
Customer: replied 4 years ago.

Hi Clare. Do I have to wait for 2 years to do this or does he have to admit being at fault?

Expert:  Clare replied 4 years ago.
You can issue whenever you wish.
Do not make this relationship the basis of the Petition - just talk about how he spends all his time talking/texting to other people and two or three other similar allegations.
It will cost him money to defend it so it is unlikely to happen.
Please ask if you need further details