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?
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.
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