I believe my wife has been cheating on me and would like to present evidence of this in divorce court.
So can I subpoena my wife’s cell phone records?
First, I must advise you that it is always best to consult an attorney in your area for specific advice on divorce as I can only provide you with general divorce information.
Where I practice, you can subpoena your wife’s cell phone records if you have a pending case and the court clerk or an officer of the court issues the subpoena.
If you are unrepresented and proceeding pro se, you will need to have the court clerk issue the subpoena and will need to provide the clerk with the name of the court and the title of the action.
If you are represented by a divorce lawyer, the attorney is considered an officer of the court and can issue the subpoena in your case.
As some state’s rules are modeled after the federal rules, this is the majority view on subpoenas, but laws in your jurisdiction may vary.
It is always best to seek legal advice on divorce matters from a family law attorney in your state who can review and analyze all relevant facts and laws.