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How can I avoid questions during my testimony in my divorce trial? Can I just not say anything? This is in Houston, TX..

Houston, TX |

Going to trial on 2 Aug and will have to testify. If my wifes lawyer asks a question I do not lie, etc. whats the best way to handle it? Can I just be silent?

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Attorney answers 2


While I am not licensed in the State of Texas, I do not believe you have the right to remain silent in a civil case. Your Constitutional (5th Amendment) right to remain silent applies to criminal cases only. If you refuse to answer a question asked by your wife's lawyer, the Judge can direct that you answer the question. If you still refuse to answer, the Judge can hold you in contempt, and this will not help your case for two reasons: First, you will have an angry Judge deciding your case. Second, the Judge can and probably will construe your refusal to answer as a silent admission that you are trying to hide something, and rule against you on those issues.


If you don't have an attorney, you definately need one!

I highly recommend Patricia Bushman at 713-807-9405. Tell her that FRAN sent you. Call her office today for an appointment.

If you don't want to admit to a crime, then you can plead "the 5th".

You might want to go to the courtroom and observe the judge before August 2nd. Most courts start at 9 am. Mondays are a good day to go.

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