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Can the paramour be subpoenaed in a divorce case?

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.

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Attorney answers 6

Posted

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/Client Relationship with you. Therefore my answer cannot address your specific legal situation and you should not rely upon my answer in your legal matter. I am an attorney licensed in Maryland and California. Office: (410) 381-1656. David Mahood, Esq.

Posted

Yes. No.

Posted

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 for informational purposes only and the laws of your jurisdiction may differ. This answer based on general legal principles and is not intended for the purpose of providing specific legal advice or opinions. Under no circumstances does this answer constitute the establishment of an attorney-client relationship. For legal advice relating to your specific situation, I strongly urge you to consult with an attorney in your area. NO COMMUNICATIONS WITH ME ARE TO BE CONSTRUED AS ARISING FROM AN ATTORNEY-CLIENT RELATIONSHIP AND NO ATTORNEY-CLIENT RELATIONSHIP WILL BE ESTABLISHED WITH ME UNLESS I HAVE EXPRESSLY AGREED TO UNDERTAKE YOUR REPRESENTATION, WHICH INCLUDES THE EXECUTION OF A WRITTEN AGREEMENT OF RETAINER.

Posted

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 representation agreement with this firm. This response should not be interpreted to be legal advice specific to your situation and should not be relied upon without further confidential discussion.

Posted

Yes you can and on the fees, not necessarily.

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Posted

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 you because you have not yet retained me, and because you have not provided me with a COMPLETE set of all the FACTS in your legal situation. Therefore my answer cannot address your specific legal situation and you should not rely upon my answer in your legal matter. This answer is provided as GENERAL INFORMATION ONLY, and to assist you in beginning your own research or in finding an attorney to represent you. I am an attorney licensed in Maryland and California. If you want me to provide legal advice, then you must call for a Consultation. If you would like me to represent you, then a Retainer and a fully signed and dated Legal Services Agreement (a contract) will be required.

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