Can I hire a lawyer to subpoena my spouse's text messages?

Subpoenas can only be issued in pending litigation, even by lawyers, so a lawsuit has to be filed first.  In this case, you may need to gather some other form of proof or file the divorce on other grounds and then subpoena this evidence. This answer is given in accordance with the laws of Virginia and may not be applicable in any other state.  It should not be construed as legal advice, as that would require a more thorough analysis of all of the facts involved in a specific case.  If you need further information or assistance, please feel free to contact my office for a consultation. Case results depend upon a variety of factors unique to each case. Case results do not guarantee or predict a similar result in any future case.