When there are extramarital affairs involved, the divorce process can be difficult. If you find yourself in that situation, establishing the facts surrounding your spouse’s affair could be important to your case. In many states, the fact that your husband was involved in an affair could impact things like your child custody rights or the division of marital property. For that reason, any evidence of the affair that you can find is valuable. It is hard to imagine stronger evidence than testimony directly from your husband’s mistress. If you are wondering, “Can I subpoena my husband’s girlfriend,” keep reading to get the answers you are looking for.
What is a Subpoena?
A subpoena is a document that compels a witness to attend a hearing or trial and produce records and physical evidence about a court case. The subpoena is served upon the witness and is signed and dated by the judge. The witness must comply with the subpoena or risk being charged with contempt of court. A subpoena can also compel a person or company to provide documents or information for an investigation. A court’s sheriff or bailiff usually enforces subpoenas.
This means the person being served could face serious consequences if they don’t appear in court. A subpoena is a lawful request for information. It is not a legal requirement nor an order to produce evidence. However, if a person is subpoenaed, they have the right to refuse to comply with the subpoena, providing they have a legitimate reason for doing so. If the court finds no legal justification for not complying with the subpoena, then the court will issue a Contempt of Court order.
What Can I Find Out With a Subpoena?
A subpoena is designed to require a person to appear for court proceedings as a witness. This document must be issued by a judge and served on a potential witness in order for it to have any effect. There are also subpoenas that are related to documents or other evidence. For example, it is possible in some cases to subpoena a phone company for records of one of its users.
Can I Subpoena my Husband’s Girlfriend?
Can I subpoena my husband’s girlfriend? Yes, you can in some cases so long as you are involved in a legal case where her testimony would be relevant. The most common example would be a divorce case. You should be aware that the girlfriend might try to quash the subpoena. This would require her to appear in court and explain to the judge why she should not have to comply with the subpoena. If she is able to make the case that the subpoena is unreasonable or that she has nothing to do with the case in question, the judge might choose to rescind the subpoena.
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The Need to Serve the Subpoena on the Girlfriend
As we’ve already noted, the girlfriend might try to quash the subpoena. If she does, then she’ll have to appear in court and give reasons why she should not have to comply with it. She must know she’s been served with a subpoena to do this. This means you’ll have to ensure you serve the subpoena correctly. If you do not properly serve a witness with a subpoena, they are not obligated to comply with it. This is to ensure their rights are protected.
The Possibility of Subpoenaing Phone Records
If you want to find out more about the relationship between your husband and his new girlfriend, you might consider s a subpoena for her phone records. If you subpoena her phone records, you’ll be able to see all of the numbers she’s been in contact with recently. This could include your husband and other people from his circle. It could give you an insight into the amount of time they spend together and what they talk about.
How Could the Girlfriend Try to Quash the Subpoena?
If your husband’s new girlfriend receives a subpoena, she might try to quash it. If she does, she’ll have to appear in court and give reasons why she should not have to comply with the subpoena. To do this, she must be aware that she has been subpoenaed. This means you’ll have to ensure you serve the subpoena correctly. Moreover, she might try to challenge the legitimacy of the subpoena. Finally, this would require her to appear in court and explain to the judge why she should not have to comply with the subpoena.
Conclusion
If allegations of infidelity play a part in your divorce case, subpoenaing your husband’s girlfriend might have crossed your mind. While there are legal hurdles to jump through, this could be a possibility. You might also be able to subpoena your husband’s phone records in an effort to establish that an affair occurred.
