Los Angeles, CA asked in Family Law for Utah

Q: Can I subpoena my spouses phone records to prove infidelity and criminal activity so that she could manipulate DV laws?

I dont want to take property or personal belongings from her. I just want to prove that i was not doing anything to make her do those things. I want to protect my finacial sources and truck while im getting divorced. Also i dont know if that would help with possible resopsibilities i might be have to complete upon the judges decision about the divorce?

Related Topics:
1 Lawyer Answer
Mike Branum
Mike Branum
Answered
  • Saint George, UT
  • Licensed in Utah

A: Most divorces settle prior to trial. You should have your attorney request the records in discovery. They could be useful in negotiations. Unless you can prove she used marital assets to support her infidelity (gifts, travel expenses, money spent on hotels), you will likely not be able to alter standard community property settlement procedures but facing the potential for having her dirty laundry aired on the record in open court may give you some leverage.

My advice would be not to allow your anger at the situation cloud your judgment. Divorce is a legal proceeding to end the marriage and separate your lives so you can both move on. Those who attempt to use it as a weapon to "get back" at their soon-to-be-ex end up investing an inordinate amount of time, energy, and money and will, ultimately, never be deeply satisfied with the results. Protect yourself but don't make this about revenge. Put the matter behind you and find a happier life. Do not let the failed marriage dominate your life or define you as a human being.

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.