QUESTION
Will my wife be able to subpeona for cell phone records?
Asked on Jan 15th, 2013 on Family Law - Michigan
More details to this question:
I am filing for divorce in Michigan for irreconcilable differences. I made a mistake and had an affair in the past and there will be incriminating phone and text evidence in cell phone records. I don't think she suspects much if at all. Tho it may be too late I would rather this not become an issue. I just want this to be as amicable as possible.
2 ANSWERS
Family Law Attorney serving West Bloomfield, MI
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Law Offices of Eugene Lumberg and Eric S. Lumberg
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As part of the discovery process, your wife may be able to obtain these records and recordings. While Michigan is a no-fault state, this evidence may be relevant for certain purposes. You can have your attorney try to block access to these records.
Eric S. Lumberg
248-626-8383
lumberglaw@gmail.com
Answered on Jan 16th, 2013 at 3:15 PM
Criminal Defense Attorney serving Williamston, MI
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Law Office of Robert G. Fleming
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You do not say how far in the past the affair was, or who has possession of the records. if it was far enough in the past the cell provider may no longer have the records and it becomes a moot issue. If, on the other hand, the records still exists, yes your spouse can subpoena them.
if the records are in your possession, and you destroy them to prevent her from obtaining them, you may be subject to some serious sanctions, which may be worse then letting her have the records.
Answered on Jan 16th, 2013 at 2:27 PM