Spouses in a divorce do have the power to try to subpoena records, even from third parties.
As a matter of principle, your phone carrier will likely resist any effort to provide such records, and there is the big question of what your spouse is trying to prove.
A judge may or may not agree to go along with issuing a subpoena for information that may embarrass you, but isn’t germane to your financial accounting or other elements of your divorce.
When your spouse is making unreasonable demands for information during your divorce, an experienced divorce attorney can help shut down fishing expeditions like seeking text message records.
Some divorces get into vicious cycles where a spouse anticipates that the other will be ordered to pay their legal fees and decides to go all out, attempting to generate as many billable hours as possible, which their soon-to-be former spouse will have to pay for.
You need good representation to make this stop. The attorneys at Zelenitz, Shapiro & D’Agostino can help.
Call 718-523-1111 to speak to an experienced Queens divorce lawyer for free.