My wife's boyfriend is now living with my wife. My 17 year daughter told me the other day. My wife is the manager of a apartment complex and gets free rent. The boyfriend lived on the property and recently moved out of his and now lives with my soon to be ex wife. My daughter lives with me. Can I have a subpoena issued to him to appear at our first hearing to prove he now lives with my soon to be ex?
If you have an attorney, he or she can issue a subpoena for personal attendance at the time of the hearing. If you are representing yourself, you need the clerk or the judge sign your subpoena.
This response will not create an attorney-client relationship between you and Sarieh Law Offices, and is not intended to serve as a legal advice in your specific circumstances. This response is a legal opinion based solely on facts represented and you should not rely on this legal opinion as a legal advice. You still need to consult an attorney directly to fully protect your legal rights.
Yes you can but you must do it correctly and you will need to prove more then that he lives with her and will need to show that the cohabitation is related to any issue your wife is going to raise for spousal support. Is she requesting spousal support? If not, then his cohabitation is irrelevant. You will need to show how he actually contributes to the household expenses. Get legal help from an attorney.
You can, but you don't need to. You can ask your "stbx" wife. Under oath.
All of Ms. Straus’ responses are intended as useful information, based solely upon the facts stated in the question, and are not to be relied upon as a full or complete legal opinion. They may not be what you wished to hear, they do not create an attorney-client relationship. Ms. Straus has been licensed to practice law in California for 33 years. Ms. Straus regrets that she does not provide follow up free advice via email. She also regrets that blunt responses may be taken as "rude" by those who wished a different opinion. Good luck.
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