Can I be subpoenaed to testify as an adult child of a couple in a divorce?
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
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 13 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.
IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.