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DIVORCE AND & FAMILY LAW ATTORNEYS

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Welcome to the Spodek Law Group - a premier, and top rated, divorce law firm.





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" Spodek Law Group have offered me excellent support and advice thru a very difficult time. I feel I've dealt with someone who truly cares and wants the best outcome for you and yours. I'm extremely grateful for all the help Spodek Law Group has offered me. I can't recommend them..."

David Bruce

" Spodek Law Group was incredibly professional and has given me the best advice I could wish for. They had been helpful and empathetic to my stressful situation. Would highly recommend Spodek Law Group to anyone I meet."

Rowlin Garcia

" Best service I ever had. Todd is absolutely class personified. You are in the safest hands with spodek. They have their clients interest in mind."

Francis Anim
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For couples where one or both are members of the military, life can get complicated when it comes time to divorce. Unlike civilian divorces, where both spouses are present and it’s easy to determine where to file for divorce, military couples may not be able to have easy answers to these and other questions. However, while the process may be a bit more difficult for these couples, obtaining a divorce is still possible. By doing some research and using an attorney with experience in these matters, the process can nevertheless offer a smooth transition into a new life.

Where to File for Divorce
Of all the tasks these couples must do when filing for divorce, choosing the right state from which to file for divorce may be the most important. Since laws vary from state to state, this choice will determine how easily the divorce proceeds as well as what type of divorce agreement may be reached along the way. For example, if a couple decides to file for divorce in Puerto Rico, courts there will not divide a military pension between a service member and their spouse. Therefore, while this would greatly benefit one spouse, it would certainly pose a detriment to the other. As a result, the spouse seeking to file for divorce should determine which state in which they lived would benefit them most in a divorce agreement.

Separation Period
Another factor for these couples to take into consideration is the separation period that may be required by some states. For example, states such as Florida and Texas have no required separation period, while North Carolina requires a one-year separation before granting a divorce. However, some states choose to recognize a deployment as a couple’s separation, which in some cases can make the process much smoother and quicker. In these cases, the deployment can be viewed as the separation period if one spouse intended for the separation to be permanent once the deployment began.

Filing During a Deployment
In situations where one spouse is very eager to obtain a divorce, they may choose to file for divorce while their spouse is deployed. However, most attorneys advise against doing so for a variety of reasons. Depending upon where the spouse is deployed, logistics can make it extremely difficult to serve them with the divorce papers, which can make an already complicated situation even more so for everyone involved. Also, many states have legal protections in place for the deployed spouse, allowing them to take advantage of postponements and continuances until they return home. In addition, many attorneys advise against filing during a deployment because doing so could distract the service member from their mission, which could put them and others around them at risk.

While a military divorce may prove to be more difficult in some ways than a civilian divorce, it’s still important to make sure the attorneys involved are ones who have had experience in these matters. Whether it’s deciding which state in which you lived offers the most favorable possibilities for a divorce agreement or trying to determine if obtaining a no-fault divorce would be best, these situations are filled with many complex issues. By using an attorney skilled in these matters, it should be possible to obtain results that will work best for everyone.

Can he legally obtain my cell phone records and bills in a divorce?

Most people today use cell phones as a primary form of communication. This is convenient although it can also cause problems when a spouse is looking for private information during a divorce. Here is what you need to know about whether a spouse can legally obtain your cell phone records and bills during a divorce.

Subpoenas and Divorce Cases

The reality is that one spouse can subpoena the cell phone records and bills of the other spouse involved in the divorce proceedings. It is important to note that a divorce must have already been filed for a spouse to subpoena those records. Married couples who are not going through an official legal divorce cannot be compelled to surrender that type of information to each other. The subpoena will list what needs to be turned over along with any requests for the target spouse to testify. This does happen all the time in divorce cases.

The Discovery Phase

A subpoena might not even be necessary to acquire cell phone records from one of the parties in a divorce. Your spouse’s lawyers can potentially request them during the discovery phase of the case. This is a phase where relevant evidence can be requested by attorneys simply as part of the proceedings. There are laws regarding discovery although it is often used in place of filing and serving a formal subpoena.

Acquiring Information in Other Ways

Although getting a subpoena or discovery are the two ways attorneys can acquire your cell phone records and bills, there are other methods. Your spouse can potentially just directly access your devices in order to find information. Your spouse could copy or print out text messages if your phone is left undefended while you are both living in the home. Your spouse could also make copies of cell phone bills if they are not exclusively in your name. This is something that you have to be very careful about because the recovered information is often admissible or usable during the divorce.

How Cell Phone Records Can Be Used In a Divorce

Any cell phone records and bills that are gathered can be used in several ways during a heated divorce. The bills can be used to show calls to people in order to prove infidelity. The same is true of cell phone call records from the carrier. The information can be used during a trial to prove certain points. It can also be leveraged by a lawyer during settlement negotiations to put the spouse in a stronger position.

Other Vulnerable Areas

Much of the technology for communicating today is interconnected. You need to worry about more than just your cell phone records and bills. You should be worried about emails and social media as well. Those records could also be copied by a spouse during a divorce or subpoenaed through the courts. There could potentially be damaging information in those accounts. The information might not even be damaging although a spouse will work hard to misinterpret it.

Protecting Yourself

There is no way to protect yourself against being served with a subpoena for cell phone records outside of hiring a divorce attorney. You do want to take precautions to prevent your spouse from having easy access to your devices, bills and accounts. Keep your cell phone in a secure location or on your person at all times. Change the passwords on your social media and email accounts. This will force your spouse to have to file for subpoenas in order to see the information.

Need more information? Speak to one of our Manhattan matrimony lawyers.


Based on 362 reviews.
Charle Butler
Charle Butler
2021-03-12
Verified
I was hesitant to hire the Spodek Law Group. I read reviews and knew they have a great reputation. However, I thought I would spend money and not see or speak to my attorney. From the beginning to end of my case Todd and the entire staff were available and willing to help. We worked towards and end result that was way above my expectation and Todd delivered. I am forever grateful for patience and long days and night spent working on my case. Thanks Todd and the entire team!
Mesonista parsons
Mesonista parsons
2021-03-05
Verified
My attorney at Spodek was Abigail. She was very knowledgeable and helpful with all my questions and concerns, as well as responsive. Her fees are affordable and Abigail took the time to make sure I understood everything relating to my case. I highly recommend Abigail and will request her services in the future.
debabrata chakraborty
debabrata chakraborty
2021-03-03
Verified
Todd A Spodek is the experienced and best criminal lawyer at USA. He is very professional and always respond on time. Alex also very cooperative and always help me. They took care me and my problem like family member. I am 100% satisfied for their professional service. My result was unexpected and amazing. They dismissed my case. I am really grateful to them. I will recommend you to go there if you want to solve your problem. I wish all the best for them.
Asata Hendricks
Asata Hendricks
2021-03-02
Verified
Truly appreciate the work the guys did!. Exceptional team & I know they care about each and everyone of their clients. I am super thankful to be referred to Spodek Law Group and I am grateful Todd & Alex were able to work diligently to achieve an outcome I am pleased with. Despite COVID they stayed on top of things and kept me informed every step of the way. Very thankful.
Mike Moroff
Mike Moroff
2021-02-26
Verified
I'm very satisfied with the services rendered by Todd, Alex and Mary Lou. I whole heartedly recommend Spodek Law Group . I've worked with and have retained other attorneys in the past with Todd's firm being the cream of the crop for many reasons. A very serious legal matter was resolved after a year's hard work and effort. Todd expertly guided me through the process and was able to navigate and make the good journey bearable as well as successful. Mary Lou initially provided excellent assistance before referring my case to Todd. Alex's support was effective and timely. The customer portal (MyCase) is an invaluable communication tool that also kept track of my case. Various aspects of my case were explained and there were several options provided but I made the final decision of how the case would be handled. The legal fee was reasonable considering the effort and amount of work plus it was a flat fee regardless of the length of time required to conclude my case. Todd made himself available to me and we had many scheduled meetings to go over the progress and to discuss the next steps. I felt more confident after many discussions with him. You will not go wrong choosing Spodek Law Group for legal matters.
Josh Katz
Josh Katz
2021-02-24
Verified
Being that it was the first time that I was in need of an attorney, I was afraid and hesitant and knew I needed the absolute best. It is beyond understood why Spodek Law Group has a reputation of being the top, if not the best law firm in New York. Alex and Abigail were there every step of the way even at the most unconvenient hours. I could not have asked for more. They are extremely good at what they do and they delivered much much more than just winning my case. A big thank you to Alex and Abigail for all the guidance and counseling and their upmost loyal support that extended far more than just legally. If you need the absolute best than don't hesitate to hire Spodek Law Firm.
L.C.
L.C.
2021-02-24
Verified
I cannot tell you how thankful I am to Todd and Alex for their hard work and dedication to my case. I had never been in any trouble before but I had an unfortunate event occur and in the midst of COVID-19 at that therefore I knew I needed a team that was dedicated to my success. Today- my case has been finalized and I’m walking away with no record and can continue life as a mother and a Grad student worry free. I cannot express enough gratitude for their assistance.
AnnMarie Soliman
AnnMarie Soliman
2021-02-23
Verified
I received a summons and called Spodek law group for a free consultation. Alex took my call and was very quick and responsive. He was available anytime through multiple platforms and very reassuring when needed. They are extremely organized and thorough. They got my case dismissed! I’m very grateful. Thank you Alex and Todd!

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Testimonials

Spodek Law Group have offered me excellent support and advice thru a very difficult time. I feel I've dealt with someone who truly cares and wants the best outcome for you and yours. I'm extremely grateful for all the help Spodek Law Group has offered me. I can't recommend them enough.

~ David Bruce

Spodek Law Group was incredibly professional and has given me the best advice I could wish for. They had been helpful and empathetic to my stressful situation. Would highly recommend Spodek Law Group to anyone I meet.

~ Rowlin Garcia

Best service I ever had. Todd is absolutely class personified. You are in the safest hands with spodek. They have their clients interest in mind.

~ Francis Anim

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