I already did an affidavit months ago when they deposed me. I am the woman he left for. I want to know my rights. I don't want to have to go, if I don't have to. They arleady have that affidavit from me.
2007-08-24 02:49:01 · 7 answers · asked by William H 1 in Politics & Government ➔ Law & Ethics
If you got subpoenaed, you have to go - or face contempt charges (unless you are a white house aide, in which case you can flaunt authority all day long - nice double standard).
Unfortunately, your b/f is probably gonna lose big time.
Have fun watching half his check go to his ex each month.
2007-08-24 02:56:00 · answer #1 · answered by Anonymous · 5⤊ 0⤋
Hire your own lawyer at your expense it you want to try to get out of it, otherwise, show up for Court for the Subpoena as if you don't you will be considered as being in Contempt of Court and have a bench warrant issued for your arrest, which may mean they may or may not go to your last know address to retrieve and arrest you, but wait until you break or allegedly break the law and pulled over for a traffic ticket and arrest you and impound your car.
If you live in any of the following states, strongly consider hiring your own legal counsel at your expense as your testimony/affidavit/deposition can be used against you in any future litigation in the State that allow "alientation of affection lawsuits against the paramour in adultery cases: Hawaii, Illinois, Mississippi, New Hampshire, New Mexico, North Carolina, South Dakota, and Utah.
2007-08-24 10:08:05 · answer #2 · answered by bottleblondemama 7 · 0⤊ 0⤋
If you were subpoenaed, you have to go to the trial. You stated that you gave a deposition. You will be questioned as part of the divorce proceedings.
I would be interested if you are listed as a "co-respondent". In a petition for divorce on the ground of adultery, a co-respondent is a person charged with misconduct with the petitioner's spouse.
Prior to 4/2/80, the defendant in a divorce granted in Pennsylvania who had been guilty of adultery could not marry the co-respondent during the lifetime of his/her former spouse. A marriage in Pennsylvania in violation of this prohibition was void if the identity of this co-respondent appeared in the record or in the evidence of the divorce. Such a marriage was also void if entered into in another State for the purpose of evading the restriction. However, Pennsylvania would recognize as valid a marriage entered into in good faith in another State if the party who remarried had established a domicile in the other State.
The laws vary from state to state, and the innocent spouse in this divorce action may be seeking to establish a financial advantage if adultrous behavior can be proven.
For your own peace of mind, you may want to consult with an attorney to have her or him explain the process in your jurisdiction.
2007-08-24 10:12:06 · answer #3 · answered by Mark 7 · 0⤊ 0⤋
A subpoena is an *order* to appear. Judges do not like it when you ignore the court's orders. If you fail to appear, here some of the actions the court can take: they can order you to pay a fine, they can issue a warrant for your arrest, you can be put in jail.
By the way, you better hope you don’t live in a state that allows the wife to sue YOU for ‘alienation of affection’.
By the way, your name on here is 'William', but you're the 'woman' he left his wife for? Odd.
2007-08-24 10:03:37 · answer #4 · answered by kp 7 · 1⤊ 0⤋
They have absolutley every right to examine you as you have provided affidavit evidence and they have the right to attempt to prove or disprove what you deposed.
Go or you could be arrested.
Hope you told the truth in your affidavit hun.
2007-08-24 10:03:20 · answer #5 · answered by elysialaw 6 · 1⤊ 0⤋
Sensible_man brings up a good point. In some states you can sue for alienation of affection. You can't do it in Virginia, but I read about a lady in North Carolina who sued her husbands secretary for alienation of affection and won a nice sum.
Since they subpoenaed you, you must go, or be held in contempt, and you've given deposistions.
2007-08-24 10:09:49 · answer #6 · answered by .. 5 · 0⤊ 0⤋
You will be considered a hostile witness. The reason you are being subpoenaed could be to bolster a case against you for "alienation of affection". This is a little used, but legal, reason to sue you. Talk to your boyfriends attorney.
2007-08-24 09:57:46 · answer #7 · answered by sensible_man 7 · 3⤊ 0⤋