Can I plead the 5th as a subpoenaed witness in a divorce hearing

My girlfriend is getting a divorce her
husband had me subpoenaed as a witness

Asked on October 15, 2017 under Family Law, Virginia


M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney

Answered 3 years ago | Contributor

A person can only plead the 5th (i.e. invoke the 5th amendment privilege against self-incrimjnation) if answering a question will incriminate them in any type of related criminal case. In other words, you can't invoke the 5th simply because you do not want to testify. At this point, you should consider consulting directly with an attorney in your are; they can best advise you further after hearing all of the details of your situation.

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