Legal Question in Family Law in New York

Yes, he can serve the subpoena on the phone provider, and you, the phone company, or your sister can object to the subpoena on several grounds. If an objection is filed, the judge assigned to the case will rule on the issue.

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First, does your sister have an attorney, very important.

Second, yes, her husband can get a subpoena but you can object since the phone is in your name. This will usually delay but not end the situation. Eventually, if he can prove that the phone is primarily her's, he will get the records.

Lastly, why does he need phone records? If the divorce is based upon grounds, it is better to get the grounds issue out of the way but that is for her attorney.

If I can be of assistance, I can be reached at [email protected] or 516-746-4747.

Joel R. Salinger