Legal Question in Family Law in New York
can my attonery subpoena craigslist to disclose what my husband ahs been posting an repying to in on his craigslist account? We have his account info. I want to do this BEFORE i file for divorce to see what type of a case i have.
2 Answers from Attorneys
An attorney has authority to subpoena documents in connection to an ongoing case. There must be an active case for this to happen. Until a case is brought ie. index number purchased, summon and complaint served and affidavit of service filed with the clerks office, an attorney does not have the right to invade an individual's privacy.
This may not be the answer you want to hear, but there really isn't any need to determine "what type" of case you have, unless you're trying to decide whether or not you want a divorce.
As of October 15 there will no longer be a need to cite fault based grounds - irreconcilable differences will do. The grounds chosen does not make a difference in the economic settlement of the divorce...so you'll need to have a reason to see what - if anything - he's posting on Craigslist or elsewhere.