# Depositions and the OW...



## ScorchedEarth (Mar 5, 2013)

How is this going to work?

Can the OW refuse? 

I haven't started the proceedings (not ready and trying another arrangement first), but if it came down to it, could she just point blank refuse to testify in our divorce proceedings?

Then what happens?


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## 827Aug (Apr 27, 2008)

I'm not sure what is going on in you situation. Basically, though, the OW must appear once she is subpoenaed. If she doesn't show, she will be found in contempt of court. At that point she will be paying some court costs and possible jail time.

My attorney subpoenaed one of the women my husband had living in his house. It had to do with my estranged husband not paying spousal support--yet he was paying the living expenses for the little tart. She got really mad and balked at the subpoena initially. However, my attorney was very persuasive.


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## arbitrator (Feb 13, 2012)

They can pass on the deposition greatly provided that they can guarantee to the Court's satisfaction that they will appear at trial to testify.


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## lenzi (Apr 10, 2012)

You live in a fault state?

Didn't think there were any states where the divorce courts care about infidelity anymore.


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## arbitrator (Feb 13, 2012)

Because of community property laws, Texas is actually both ~ provided that both parties agree, then it's "no-fault." With no agreement between the parties, then it's "at-fault."

Prenups are governed by "no-fault," unless one of the parties wants to sue the other under community property, then it reverts to "at-fault."


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## ScorchedEarth (Mar 5, 2013)

Our state is both too. I think it is very sad that many states have decided to go no-fault. I think it absolutely matters when someone has been unfaithful or abusive, etc. 

Anyway, thanks for the answers. I really hate that I don't live in one of the few states that allows for "alienation of affection" lawsuits, although it would have been a waste of time since she was foreclosed on last year and probably has nothing.

It may not amount to much, but at the very least, having their affair in the public record, and her having to travel 300 miles roundtrip would be a good jab. Although nothing compared to the damage she helped cause...


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## 827Aug (Apr 27, 2008)

lenzi said:


> You live in a fault state?
> 
> Didn't think there were any states where the divorce courts care about infidelity anymore.


True, but a skillful attorney can find a way to make an OW (or OM) appear in court. Depending on the judge, it can make an impression. As I said in my situation, it was to illustrate *why* my estranged husband was unable to make his child/spousal payments. It didn't set well with the judge for my estranged husband to be living in a gated beach community (on the golf course) and supporting another woman while ignoring a court order to pay.

This same attorney helped out a friend big time with this same tactic. Due to the wayward wife, he almost lost his job. Long story short, my friend went back to work after certain people began appearing on the subpoena list. Certain politically relevant people did not want to appear before the judge. It forced at least one department to get their house in order.


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## survivorwife (May 15, 2012)

827Aug said:


> True, but a skillful attorney can find a way to make an OW (or OM) appear in court. Depending on the judge, it can make an impression. As I said in my situation, it was to illustrate *why* my estranged husband was unable to make his child/spousal payments. It didn't set well with the judge for my estranged husband to be living in a gated beach community (on the golf course) and supporting another woman while ignoring a court order to pay.
> 
> This same attorney helped out a friend big time with this same tactic. Due to the wayward wife, he almost lost his job. Long story short, my friend went back to work after certain people began appearing on the subpoena list. Certain politically relevant people did not want to appear before the judge. It forced at least one department to get their house in order.


:iagree:

So long as the OW resides in the same State as the hearing is being held, the Attorney can issue a subpoena for the OW to appear at the hearing. It doesn't mean she will be asked to testify, however the "visual" of having her walk into the courtroom to avoid a contempt charge is priceless! Inconvenient. Scary. And ironically amusing for the BS.


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## Jellybeans (Mar 8, 2011)

ScorchedEarth said:


> How is this going to work?
> 
> Can the OW refuse?
> 
> ...


Ask your lawyer. They can advise your best on this since there are different laws everywhere.


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## arbitrator (Feb 13, 2012)

survivorwife said:


> :iagree:
> 
> *So long as the OW resides in the same State as the hearing is being held, the Attorney can issue a subpoena for the OW to appear at the hearing.* It doesn't mean she will be asked to testify, however the "visual" of having her walk into the courtroom to avoid a contempt charge is priceless! Inconvenient. Scary. And ironically amusing for the BS.


And even if the OW resides out-of-state, most accomplished attorneys can also get them compelled to appear in their state courts through their respective State Attorney Generals office. 

At an absolute minimum, they can still, at least, compel them to testify and be cross-examined by deposition in their own state.

The only tough nut to crack would be if they were to leave the country entirely. Some countries having favorable mutual extradition treatys and procedures with the U.S. would be happy to comply whereas others would not!


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## ScorchedEarth (Mar 5, 2013)

BOOOOO!

She does live in a neighboring state. So I guess I don't get to see her slimy a$$ in court...

No fun


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