Why would email and phone records be subpoenaed in a divorce if an affair was already admitted? (filed in no fault state)

The third party involved likely does not need a lawyer - probably having broken no laws. The opposing party may want to call the third party as a witness to testify about relevant facts, i.e. property, parenting, etc.. The email and phone records would probably serve to identify the third party. [In accordance with the community guidelines, this communication does not constitute "legal advice", nor does it form an attorney-client relationship.]

The third party does not require a lawyer but may want one to explain the legal process to him or her. The phone and e-mail records are most likely being subpoenaed to further verify and corroborate the adultery and/or identify the individual who the adultery was committed with. Legal Disclaimer: The response herein is not legal advice and does not create an attorney/client relationship. Mr. Whiteru advises the questioner to contact an attorney in his or her state and obtain more detailed counseling regarding their legal issue. Okie C. Whiteru P: 202 558 6196 www.whiterulawfirm.net

The 3rd party does not generally need an attorney as no law is being broken for "having an affair." Discovery is a process used wherein the third party would need to be identified and further inquires can be addressed with respect to issues that may involve or pertain to any children. To subpoena such information is not that unusual. Dayn Holstrom, Holstrom, Sissung, Marks & Anderson www.coronalaw.com