What to do if I was subpoenaed by my boyfriend’s wife in their divorce case?

UPDATED: Nov 11, 2010

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What to do if I was subpoenaed by my boyfriend’s wife in their divorce case?

Last night I got 2 subpoenas for court one is in 6 days with about 4 pages of requirements I should bring One thing that got me was they wanted to know what alcohol and illicit drugs that he has bought me. I have been clean before we even met. I do not find this fair to even mention it; it has nothing to do with this case. My boyfriend pays for everything. I have nothing in my name so why are they coming to me (besides wanting pictures and vacation/marriage/life plans to go through). They must have all his credit card information to know specifics of what he bought for me so far (its in the list).

Asked on November 11, 2010 under Family Law, Maryland


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 12 years ago | Contributor

First, in a divorce case, a significant other of one of the spouse's--i.e. someone he is committing adultry with--if certainly a relevant witness for multiple issues, including how he's spent money (even if they have credit card info, that would not necessarily capture cash he's spent on you, or spending with a credit card account they are not aware of) and also such issues as emotional alienation, possible exposure to STDs, fitness to be custodial parent (if child custody is in issue), etc.

Second, if you've been supoeneed, you have to testify; if you don't, you may be subject to legal sanctions by the court. You could retain a lawyer, who could attempt to quash or fight it for you, on the grounds you are not a relevant witness--but, as noted, in a  case like this, that is not likely to fly.

Third, remember that you do have a right to not say anything that would criminally implicate you (e.g. about drug use) even as you testify.

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