Can the paramour be subpoenaed in a divorce case?

Asked 10 months ago - Baltimore, MD

I'm separated from my spouse and I know who the person is that my spouse has been involved with for a while now as this was the cause of our separation. Can I have this person subpoenaed and would their testimony be enough to prove a case of adultery for an absolute divorce? Also, does having someone subpoenaed greatly increase the lawyer's fees? Thank you.

Attorney answers (6)

  1. David Raymond Mahood

    Pro

    Contributor Level 18

    5

    Lawyers agree

    Answered . Yes, the paramour can be brought into court pursuant to a Subpoena, but whether or not you want to do this should be discussed with your own attorney.

    Office: (410) 381-1656. This is NOT legal advice, is GENERAL INFORMATION ONLY, and does NOT establish an Attorney/... more
  2. Brandy Ann Peeples

    Pro

    Contributor Level 19

    3

    Lawyers agree

    Answered . Yes, you can subpoena the paramour.

    DISCLAIMER: Brandy A. Peeples is licensed to practice law in the State of Maryland. This answer is being provided... more
  3. Matthew Scott Johnston

    Contributor Level 4

    2

    Lawyers agree

    2

    Answered . Yes, you can subpoena the paramour, but this is a tactical/strategic move that should be discussed with your attorney. There are some costs involved in issuing a subpoena, namely the cost of serving the subpoena if done by private process server. But bear in mind that a witness subject to subpoena can move to quash the subpoena on the grounds of undue burden or embarrassment and the effort to enforce the subpoena may increase your fees to the lawyer.

    This electronic communication does NOT create an attorney client relationship unless you have a signed... more
  4. Dean George Tsourakis

    Pro

    Contributor Level 20

    4

    Lawyers agree

    1

    Answered . Yes. No.

  5. Cathleen Marie Vitale

    Contributor Level 4

    2

    Lawyers agree

    Answered . Of course. The question to be asked, is whether or not the individual will truthfully testify on the stand? Do they have any protected rights? For example, adultery is still a crime in MD. many individuals hide behind the 5th amendment on this issue.

    This is NOT legal advice, is GENERAL INFORMATION ONLY, and does NOT establish an Attorney/Client Relationship with... more
  6. Lee Alan Thompson

    Contributor Level 20

    1

    Lawyer agrees

    Answered . Yes you can and on the fees, not necessarily.

    Attorneys on Avvo donate their time and your feedback is appreciated. Be sure to mark the "Best Answer" or Helpful"... more

Related Topics

Divorce

Divorce is the process of formally ending a marriage. Divorces may be jointly agreed upon, resolved by negotiation, or decided in court.

Deciding between a Divorce and a Legal Separation

A legal separation and a divorce are different because a separation does not end the marriage. Spouses live apart and remain married.

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