Can I be subpoenaed to testify as an adult child of a couple in a divorce?

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Can I be subpoenaed to testify as an adult child of a couple in a divorce?

My parents have promised not to subpoena me due to the stress it would cause me, but they said that their lawyers or even the judge might. I have a history of depression and I want to stay out of this for my own mental health.

Asked on September 30, 2010 under Family Law, Maine

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

Yes, you can be subpoenaed to testify. And sometimes lawyers do what they think is necessary to prove their case and without regard for the well being of others.  That is really their job. To vigorously defend their client.  So what I would do is to be pro-active before you think that it is coming and speak with an attorney about what you need as support documentation to bring an action to "quash" the subpoena should it be served.  If t is going to be harmful to your mental state then you may need to get medical documentation and you should start on that process now.  The more you have as ammunition in your paperwork the better the chances will be that the court will not force you to take sides and to testify.  Good luck to you, and to your family.  


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