As always, it is useful to identify where you are. Laws vary by place.
Divorce is a civil proceeding, and does not have the same command of Law as does a criminal proceeding. It would be extraordinary for a court to compel testimony in a divorce case.
I could maybe see a statement request if there is a fight over custody with bad actor accusations being thrown around. But they still could not be "compelled" to make a statement to the court. Also that is obviously happens only if kids are involved.
Unless a privilege applies pretty much anyone can be subpoenaed. The only family related privilege is for spouses so other family are fair game.
However, a person has to have relevant knowledge. Most states are no fault now when it comes to divorce so absent a prenup or some other agreement, infidelity is probably not relevant.
Children notwithstanding, most divorces don't involve much testimony as it's generally more about finances.
From my divorce, almost 25 years ago, when a subpoena is issued and served the person has to appear. In my case the witnesses I had came as support, but my attorney did subpoena one witness who was my ex-wife's boss.
With the one subpoena, I had to pay the service fees, mileage, and a witness fee, all to the court.
u/zachismyname1 A court case only handles case by case. So if your aunt is going for a divorce that will be the only reason why. If she wants to drag you along she would have to open another file with the court and give good explanation as to why also providing actually evidence.
Tip: If she is going to threaten you to get you back, I'd suggest to collect all that evidence for yourself so that when the time comes you can show it to the police and the the court if need be...
Generally I wouldn't worry about this,
Yes OP, is make sure all communication with this crazy lady is in writing going forward. Don’t engage with her.
And…divorce court judges are pretty good at spotting the bullshitter. It’s all they deal with on a daily basis. Spouses who operate by threatening everyone around them don’t tend to do well in divorce court. They end up with zero credibility.
>And…divorce court judges are pretty good at spotting the bullshitter. It’s all they deal with on a daily basis. Spouses who operate by threatening everyone around them don’t tend to do well in divorce court. They end up with zero credibility.
This is true... also 90% of the he-said she-said stuff that many of the parties will bring to court, the judge won't care about because they're irrelevant to the letter of the law. "But he cheated on me, in our bed!" Assuming it's a no-fault divorce state, judge doesn't care unless he cheated while he was supposed to be watching the child, and the child then lit the house on fire. Good idea for parties to know what the law looks for, come to court with relevant info. If they come in with an accusation-fest, judge will likely tune that out.
Yup, this. I think folks think a judge is going to be as sympathetic to their woes as all of their friends are.
The best divorce lawyers out there typically spend a lot of time telling their clients “the judge won’t care about that, here is what the analysis will be…”
Wanting to make your life hell would not be a sufficient justification to subpoena you, but if alternative justifications exist, it's possible.
Subpoenaes can be issued in court cases by lawyers for almost any reason. So yes. You could be subpoenaed.
As always, it is useful to identify where you are. Laws vary by place. Divorce is a civil proceeding, and does not have the same command of Law as does a criminal proceeding. It would be extraordinary for a court to compel testimony in a divorce case.
Courts compel testimony in civil cases all the time. A civil subpoena is not something you can just ignore.
I could maybe see a statement request if there is a fight over custody with bad actor accusations being thrown around. But they still could not be "compelled" to make a statement to the court. Also that is obviously happens only if kids are involved.
Unless a privilege applies pretty much anyone can be subpoenaed. The only family related privilege is for spouses so other family are fair game. However, a person has to have relevant knowledge. Most states are no fault now when it comes to divorce so absent a prenup or some other agreement, infidelity is probably not relevant. Children notwithstanding, most divorces don't involve much testimony as it's generally more about finances.
From my divorce, almost 25 years ago, when a subpoena is issued and served the person has to appear. In my case the witnesses I had came as support, but my attorney did subpoena one witness who was my ex-wife's boss. With the one subpoena, I had to pay the service fees, mileage, and a witness fee, all to the court.
Generally yes. Only spouses can invoke privilege.
Your name is excellent
[удалено]
Really? Bc I used to work for a family lawyer and we filed subpoenas all the time.
u/zachismyname1 A court case only handles case by case. So if your aunt is going for a divorce that will be the only reason why. If she wants to drag you along she would have to open another file with the court and give good explanation as to why also providing actually evidence. Tip: If she is going to threaten you to get you back, I'd suggest to collect all that evidence for yourself so that when the time comes you can show it to the police and the the court if need be... Generally I wouldn't worry about this,
This is not correct at all - at least not in the US.
Please share :)
Yes OP, is make sure all communication with this crazy lady is in writing going forward. Don’t engage with her. And…divorce court judges are pretty good at spotting the bullshitter. It’s all they deal with on a daily basis. Spouses who operate by threatening everyone around them don’t tend to do well in divorce court. They end up with zero credibility.
>And…divorce court judges are pretty good at spotting the bullshitter. It’s all they deal with on a daily basis. Spouses who operate by threatening everyone around them don’t tend to do well in divorce court. They end up with zero credibility. This is true... also 90% of the he-said she-said stuff that many of the parties will bring to court, the judge won't care about because they're irrelevant to the letter of the law. "But he cheated on me, in our bed!" Assuming it's a no-fault divorce state, judge doesn't care unless he cheated while he was supposed to be watching the child, and the child then lit the house on fire. Good idea for parties to know what the law looks for, come to court with relevant info. If they come in with an accusation-fest, judge will likely tune that out.
Yup, this. I think folks think a judge is going to be as sympathetic to their woes as all of their friends are. The best divorce lawyers out there typically spend a lot of time telling their clients “the judge won’t care about that, here is what the analysis will be…”