Can my wife’s divorce attorney subpoena phone records prior to filing divorce papers?

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Can my wife’s divorce attorney subpoena phone records prior to filing divorce papers?

Asked on March 26, 2012 under Family Law, Missouri

Answers:

MD, Member, California Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

Your wife's attorney can absolutely subpoena telephone records and email records to obtain information if the information is kept with the phone company or internet provider. You must understand that under most circumstances, pursuant to a filed subpoena, absent some viable objection, the company must comply and produce documents. If the documents are going to be used to prove fault or fraud or hiding assets or an affair, all is fair game and it would be up to your attorney to try to stop the subpoena if he or she knows about it.


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