Company Phone Records


#1

Hello, I was wondering if during a separation if a spouse is able to obtain company cell phone records including call logs and text messages for evidence of infidelity. Can the spouse obtain these records if the spouse decides to litigate during the divorce? How hard is it to subpoena company cell phone records? Is there an estimated cost for a subpoena? Since cell phone records are, I assume, circumstantial evidence, can a person be proven to have committed adultery with solely the cell phone records as evidence?

Thanks,
R.


#2

Records can be obtained through subpoena if the case is litigated. The difficulty of getting the records depends on if the company objects to turning over the records, and what basis is behind the objection. There is no cost to file a subpoena.

Adultery is proved through inclination (cell records can be used as circumstantial evidence of the same), and opportunity (proof that two people have had the opportunity to engage in adulterous acts).


#3

Do both parties have to agree to litigate?


#4

No, litigation is filed by one party when the two sides cannot reach an agreement outside of court.


#5

My question is, does there have to be litigation involved to get a court order for the cell phone text records? The cell accounts are all in my name and I just need the last month’s records for now. I don’t want to file for divorce or litigation and all that. Just need to know what’s in these texts. Can that be done? If not, why not if in my name and I’m paying the bill?


#6

*not a lawyer

Erin had already answered that but a subpoena is issued only if there is a case filed. The records vary from provider to provider, but they don’t like giving up records and don’t keep many to begin with. You may be weeks away from getting a subpoena and they may only only recover a day or two. Infidelity is something the high earner in a relationship may want to prove the low earner committed because it is bar to alimony. Otherwise it not really a big deal.


#7

You are certainly permitted to ask your phone company to provide records if you are an account owner. Once you are in litigation you have the ability to issue subpoenas but if you are on the account, I see no reason why you can’t ask for records now.