ok, i have hacked email from wife off her address. details are an affair. I received a settlement offer. I dont now if this is revenge or what so here goes-<P>are these emails legal in court?<P>can i subpena the home computer?<P>can i also subpena the work computer- she works for the state and the OM and her work together. I live in Ohio.<P>do the emails prove anything?- opinion only i guess.<P>thanks

I do not know the answer to your questions, but I have a quesiton for you. <P>How do you hack into a computer to get deleted email? I would love to do that. Is it something you can explain to me?<P> <P>------------------<BR>H

Well, I'm no expert but I would bet they're not admissable, if for the plain reason there's no way to prove the person actually wrote them. (no handwriting, no signature, and if you hacked in then potentially anyone could)<P>You could however use them as bargaining power, depending on your position and your wife's frame of mind.<P>As for supeona, well I don't think you could get the work computer, privacy and employer confidentiality. However, you could possibly raise concerns to higher ups within her organization of inappropriate use of email, hint at legal action if they're not cooperative in providing you voluntarily with what you're looking for, you never know!<P>good luck!

Covenant:<P>Not sure of the law on admissibility. You'd have to authenticate the emails, and the only way to do that would to be having the testimony of the person(s) who wrote them. Since that would be your wife, I doubt she would be willing to cooperate.<P>There may be a presumption that any files taken from the computer that is primarily under the control of a particular person would "belong" to that person.<P>You could certainly subpoena her home computer, and probably her work computer files (as long as any private information is protected).<P>Do you have a lawyer helping out with your divorce? Really he/she is the one you ought to talk to.<P>Emails, if the authorship is proven, would prove just as much as a written letter.<P>Hope that helps.<P>Just a disclaimer: I'm not a licensed attorney in the state of Ohio. My advice is speculative at best, and should be confirmed with someone who is familiar with the laws of the state of Ohio. I can't be held responsible if you rely to your detriment on my speculations.<P>That being said, good luck.<P>------------------<BR>/// Lone Star * ///<P>

Have you gotten an attorney in the state of Ohio yet? If that is where you are going the first order of business would be to obtain an attorney from that state to represent you. He/she could best tell you weather or not they are admissable or not. I have a tendancy to agree with Lone Star, that it is unlikely unless she is willing to cooperate. God Bless!<P>------------------<BR>Chick's <BR>Bren<P>You won't see things until your ready to not be blind!<P><BR>

iguess i am torn at exposing her and him, and then letting go and let nature take its course. I see her and i cant help but make little comments about the affair she denies- then again..i dont know. she said shed still go to counseling anbd i called the office to get a person nearby..i told her who i got and that he beleives like me- divorce aint the answer. she said she wont go. I called her today and left a message asking her if we went to the pastor of oiur church- would she be willing?<BR>Oh, by the way received papers on a settlement today. i am just in shock. <BR>