Can my spouse get a court order to see texts I sent to another person?

Yes, your spouse may be able to obtain a subpoena that would demand your service provider to turn over those records (if they are still available). This is a hot issue right now in divorces.

Electronic evidence, including e-mails, text messages and Facebook and other social media pages, are increasingly being used in divorces in North Carolina and elsewhere. This evidence can be used for many reasons, particularly to establish marital misconduct such as adultery or to show alcohol and/or drug abuse (factors in alimony awards and child custody decisions).

Most service providers will require a subpoena before they turn over those records. However, these records may be more difficult to obtain as time passes.

We have written extensively on this subject on our Social Media and Electronic Evidence in Divorces page.

You should also read an interesting survey done by the American Academy of Matrimonial Lawyers (AAML), which identified electronic evidence becoming a divorce issue back in 2008.