Are phone records discoverable in a divorce or legal separation case? 5 Answers as of June 01, 2016

Phone records would reveal calls / text messages to other women, potentially indicating an affair outside of the marriage. No money other than inside of clubs has been spent on any of these contacts.

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Carey and Leisure | John Smitten
Yes, phone records are discoverable in a divorce case.
Answer Applies to: Florida
Replied: 6/1/2016
Law Office of Robert E McCall | Robert McCall
Yes.
Answer Applies to: Florida
Replied: 6/1/2016
The Gufford Law Firm, P.A.
The Gufford Law Firm, P.A. | Joseph Gufford
Discovery of phone records are most likely discoverable but not necessarily admissible in court as they are most likely irrelevant to any issue in the case. They would have to be linked up to some financial dissipation associated with the affairs.
Answer Applies to: Florida
Replied: 5/31/2016
R. Jason de Groot, P.A
R. Jason de Groot, P.A | R. Jason de Groot
Hire a lawyer and let the lawyer decide if it is worth the time and expense, or whether you testifying that the marriage is irretrievably broken and why will be enough. This type of fact does not really have to be proven in most circumstances, your testimony would be enough. Yes, phone records can be discovered.
Answer Applies to: Florida
Replied: 5/31/2016
Mediation Services of Southwest Florida
Mediation Services of Southwest Florida | Dennis J. Leffert, J.D.
With proper foundation at trial all the phone records will be admissible. Remember however that Florida is a no-fault state and so having an affair will not affect the outcome of the divorce. Good luck.
Answer Applies to: Florida
Replied: 5/31/2016
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