Can you plead the Fifth in divorce court?

Can you plead the Fifth in divorce court?

The answer is yes, BUT, if you invoke (take) the Fifth Amendment in a divorce case, it can be used against you. However, in a divorce case or in any civil case (any case that is not a criminal case), the Judge and, if there is a jury, can assume that your answer would have a negative effect on you.

How much does a divorce deposition cost?

So really, a deposition can cost anywhere from a thousand dollars for a short deposition with an attorney and a short transcript up to $5,000 or even $10,000, depending on whether there are multiple attorneys, multiple days, and a discovery referee.

What can be asked in a divorce deposition?

5 Key Questions Asked in a Divorce DepositionFinances. Finances are a big concern in a divorce. Custody and child care. If there are children involved in the divorce, it’s critical to establish custody and visitation rights. Recreational or dangerous activities. Specific incidents and dates. Health.

What should you not say during a deposition?

Answer Only the Question Presented. No question, no answer. A deposition is not a conversation. In this respect, be on guard when listening to the questions – do not let the examiner put words in your mouth and do not answer a question that includes incorrect facts or statements of which you have no knowledge.

Can you refuse to answer a question in a deposition?

In most cases, a deponent cannot refuse to answer a question at a deposition unless the answer would reveal privileged or irrelevant private information or the court previously ordered that the information cannot be revealed (source). However, there are certain types of questions that do not have to be answered.

Who attends a divorce deposition?

A typical divorce deposition can last up to 3 hours. A Judge does not attend the deposition and will not even review the deposition transcript unless called upon to do so by one of the attorneys. The procedure itself is straightforward.

Can you refuse a deposition in a divorce?

There aren’t too many options if you have been subpoenaed to a deposition. If you refuse after being ordered by the court to give a deposition, you would likely be found in contempt of court, leading to dire consequences. On top of that, you would still be forced into the deposition.

How long does a divorce deposition take?

Both attorneys can ask questions, although your attorney won’t ask questions unless it’s necessary to clarify a problematic answer. Divorce depositions usually last between two and eight hours, but in some cases, may continue over the course of several days (consecutive or spread out over time).

Can the other woman be subpoenaed?

But let’s say you discover your husband is having an affair and you know the name of the other woman — are you able to subpoena her to come to court? The short answer here is yes, you can subpoena the alleged mistress to testify as a witness at a deposition or at a trial.

Can you press charges for infidelity?

This is all you need for grounds for a lawsuit. You may file a suit charging the other man or the other woman with intentionally interfering in your marital relationship. The adultery itself is not the crime; it is the actions of the other man or woman that determines whether a law has been broken.