Dear gubidal:

Greetings. Let’s see if we cannot answer this:

  1. I will research this and get back to you soon.

  2. During discovery, if there is a possibility that a person can give information which may be relevant, then information can be requested from them. In the current question, I am assuming that a girlfriend/boyfriend of a spouse is asked for cell phone bills and I think those are relevant or may lead to relevant information and therefore it would be a proper request. Yes, they would have to produce those records and no, it is not an invasion of privacy. Thank you.

Janet L. Fritts
Attorney with Rosen Divorce
4101 Lake Boone Trail, Suite 500
Raleigh, North Carolina 27607
919.787.6668 main phone
919.256.1665 direct fax

10925 David Taylor Drive, Suite 100
Charlotte, North Carolina 28262
704.644.2831 main voice
704.307.4595 main fax


The response posted above is based upon the limited factual information made available and is not intended as a full and complete response to the question. The only reliable manner to obtain complete and adequate legal advice is to consult with an attorney, fully explain your situation, and allow the attorney sufficient opportunity to research the applicable law and facts required to render an accurate opinion. The basic information provided above is intended as a public service but a full discussion with an attorney should be undertaken before taking any action.


I actually have two separate questions that are somewhat related.

  1. In answering a civil suit which claims a belief of adultry, bed and board and post separation support does a claim of fault or a denial of fault perjure one’s self if the opposite is proven at a later date provided it would go to court? What are the probable outcomes of both claims?

  2. In the case of someone’s private cell phone bill,not the defendant’s or plantiff’s, if subpoenaed, is this an invasion of privacy and what can be done?