Legal Question in Family Law in Washington

i am married and seeking to get a divorce but my mother in law is insisting i cheated on her daughter. I am currently on my mother in laws cell phone plan and she wants to pull my call/texts records to prove it. not just numbers but actual text do i have any rights to stop her?


Asked on 3/21/10, 12:04 am

1 Answer from Attorneys

Amir John Showrai The Pacific Law Firm, PLLC

It all depends on what your carrier's policy is with regard to whom has access to information on the phone. That said, if you are headed for a divorce, know this: Washington is a no fault state, and thus it generally matters not whether you were unfaithful during the marriage. The only real exception to that is if you spent a significant chunk of your marital assets or earnings on your mistress, in which case, your wife may be awarded more than she otherwise would get of the remaining assets between you. The only other situation I can think where this would affect you is if you have children and they were somehow exposed to something inappropriate, such as you and the mistress on a date while you were married and living with your wife.

Otherwise, if I were you, I would not focus on the cell phone records, but rather on getting an attorney to represent you if you can afford one, and then sorting out the finances, debts, child custody orders (if you have kids) and child support orders.

Read more
Answered on 3/26/10, 12:54 am


Related Questions & Answers

More Family Law, Divorce, Child Custody and Adoption questions and answers in Washington