How do you go through your spouse’s phone records? Spoiler alert: you don’t. While phone records may sometimes be used as evidence in divorce court, it’s not a good idea to go through your spouse’s things, violate boundaries, or violate the law. If you have questions and concerns about how your spouse’s phone records could impact the divorce process, you need to discuss these concerns with a qualified attorney. 

Can a Spouse Get Your Phone Records? 

Technically speaking, there are situations where a person may be asked to turn over their phone records during the divorce proceedings, specifically during the discover process. If the person ordered to turn over their phone records is unable to access the records, the court may subpoena the carrier for the records. While this is possible, it’s not necessarily common, nor is it typically beneficial. Whether or not adultery will impact the legal parts of your divorce will depend on the laws in your state and the specific facts of your situation. Even if your spouse did cheat, there may not be legal ramifications for such behavior in your state. 

Can I Legally Look at My Wife’s Text Messages? 

Whether or not this is actually legal will depend on the laws in your state. For the most part, however, it is generally not legal or advisable to go through your spouse’s phone, email accounts, or social media accounts without their express authorization to do so. It does not matter if you and your spouse live together, have phone lines under the same account, that you know the passcode to their phone or accounts. Going through your spouse’s phone/online accounts without their consent is illegal in some places and can have legal consequences including criminal prosecution. You should not go through your spouse’s phone or accounts without their consent. If you need a copy of their phone records for legal purposes, your attorney can handle that matter in court. If you and your spouse are on the same phone plan, you may have access to the phone records of the phone numbers on that account. This may be viewed as less private than the actual content of their phone or electronic accounts. 

Can Phone Records Prove Adultery? 

Yes, phone records can be used to prove adultery—but that doesn’t mean that you have a free pass to go through your spouse’s phone. As previously mentioned, the court can order your spouse to turn over their phone records during the discovery process, assuming those records are relevant to the divorce proceedings. There will be some cases where you might be able to prove that your spouse cheated, however the cheating may not have any impact your divorce. There are also cases where it isn’t worth it to go through all the hassle of proving your spouse actually cheated. If you are wondering how adultery could impact your divorce, it may be in your best interests to speak with an attorney regarding the matter. Do not take initiative by going through your spouse’s phone and collecting the evidence yourself. 

When Should You Go through Your Partner’s Phone? 

You should only go through your partner’s phone when you have their consent to do so and even then it may not be a good idea to go through your spouse’s phone. If you have the urge to go through your spouse’s phone, that could be sign that there are problems in the relationship that need to be addressed. However, some people have the urge to go through their spouse’s phone even when there aren’t problems in the relationship. In these cases, it could be that you have past trauma that’s causing you to feel insecure in your relationship. If this is the case, going through your spouse’s phone is not going to make you feel better about the relationship, and in some cases it could make you feel worse. 

Should Married Couples Go through Each Other’s Phones? 

It’s usually not a good idea for spouses to go through each other’s phones, especially if they’re doing so out of mistrust. However, what works for one couple won’t work for every couple. If you and your spouse have the urge to read through each other’s text messages, you and your spouse may want to explore this idea more with the help of a licensed mental health professional who has experience in marital counselling. Someone who knows you and your relationship can help you determine whether or not going through each other’s phones would help your relationship. 

When You’re Considering Divorce  

If you’re considering getting a divorce, SimpleEnding may be the best option for you. At SimpleEnding, couples can draft their divorce decrees from the comfort of their own homes. Instead of spending lots of money on a divorce lawyer