Courtroom possible


#1

If the husband remained with the wife after knowledge of the adultery in question then he essentially forgave her. Marital fault has an affect on alimony but normally does not affect anything else in a divorce.
If the husband is attempting to sue for Alienation of Affection then yes, any proof or witnesses could be used.
I’m not sure what is meant by forcing the wife to take part? Do you mean is the wife forced to testify or defend accusations…If so I would think that would depend on whether or not the wife would like a chance for her side to be heard. I do not think that she could be forced, but if she is served with a subpeona she is legally bound to show up and give testimony.
Divorces are sometimes messy and the best solution if you do not want all your dirty laundry aired out in public courtroom is to settle your matters privately with an attorney or between each other by agreement.


#2

Would hearsay and second hand knowledge be allowed into testimony? What would the proof have to be short of the wife or non-spouse actually admitting to intercourse or a witness to the actual act? Can the husband simply dredge up names that may have knowledge and coerce them into testifying which serves to embarrass everyone involved?


#3

Second hand knowledge meaning what? If a wife has told a co-worker that she had an affair then that person could be subpeonaed to testify. If that person witnessed any event or conversation it could be used. If a person called to testify had knowledge that on a specific date or time the wife was with someone other than the husband it could be taken as testimony, regardless of whether or not that person had knowledge of what was taking place. Example: someone knows that wife was with said person at specified place. Could have been as innocent as business lunch, but if the husband was told that wife was at work, it could show that there is intentional “misdirection”.
Most of the time an attorney will have prior knowledge that the person has this information and is willing to testify on behalf of the plaintiff.
I don’t believe that they can use hearsay unless it’s to show that there were numerous people with some sort of knowledge of misconduct even if it was not verified…


#4

From my indirect experience, this is the process.

  1. Filing a lawsuit w/serving of papers (ie: CC or AofA)
  2. 30 days response time from defendant
  3. Issue of Discovery questions/evidence from plaintiff to defendent
  4. Defendant answering of Discovery questions & providing evidence asked for.
  5. Defendent issues discovery questions/evidence request to plaintiff.
  6. Plaintiff answers above #5.
  7. Mediation planned for plaintiff & defendant
  8. If no resolution in mediation…then both sides can depose whomever they see relevent to their case. Those depositions are then used in court, and those folks may appear.

Hopefully, the process settles or is dropped before court matters happen (as they usually do).

Yes, it’s airing dirty laundry for the court to hear. Have you actually started the process of this lawsuit or are you being hit with the promise of deposition as a scare tactic? Both sides have to look at the fact that their family, friends and co-workers can be dragged into this private matter if it goes to court. One side will depose, but the other has the right to also.


#5

What issue is being litigated?

Helena M. Nevicosi
Attorney with Rosen Law Firm

4101 Lake Boone Trail, Suite 500
Raleigh, North Carolina 27607
919.787.6668 main phone
919.787.6361 main fax

Charlotte Office
301 McCullough Drive
Suite 510
Charlotte, NC 28262
Main Phone: (704)307.4600
Main Fax: (704) 9343.0044

Durham & Chapel Hill Office
1829 East Franklin Street
Building 600
Chapel Hill, NC 27514
(919) 321.0780

ROSEN.COM

The response posted above is based upon the limited factual information made available and is not intended as a full and complete response to the question. The only reliable manner to obtain complete and adequate legal advice is to consult with an attorney, fully explain your situation, and allow the attorney sufficient opportunity to research the applicable law and facts required to render an accurate opinion. The basic information provided above is intended as a public service only, a full discussion with an attorney should be undertaken before taking any action. The information posted on this forum is available for public viewing and is not intended to create an attorney client relationship with any individual. These answers are provided for informational purposes only, a person should consult with their own individual legal counsel before taking any action that could affect their legal rights or obligations.


#6

Nothing for sure is being litigated as yet. We just know the husband has been contacted by a disgruntled co-worker accusing the wife of an extrmarital affair. The husband has contacted several co-workers and bosses and intends to depose them during the divorce. Is this acceptable and can it be prevented? Does a divorce have to have a trial and can the wife be forced to take the stand or even be present for such testimony if allowed?


#7

If the litigation is purely for a divorce, then I don’t believe there would have to be testimony for that. Divorce and a case of AofA or CC is separate. Divorce is simply a legal end of a marriage (after 1 yr and 1 day separation). If he decides to persue a case for AofA or CC, then that is separate and he can depose whomever…after the normal processes listed in my earlier reply. It is a LONG process and it’s not cut and dry. NC is a no-fault state, so you can get divorced for whatever reason regardless of fault. Having an affair doesn’t get you divorced faster. Adultry can affect alimony issues, however.


#8

There are several issues implicated in your post:

  1. During litigation anyone can be deposed as long as the party deposing them believes this person has information that will benefit their case, of can lead them to information that will benefit their case. A deposition cannot be taken solely for the purpose of harrassing someone.

  2. If litigation has not been filed and her husband is contacting co-workers, she can file a lawsuit and seek a protective order asking that he not contact co-workers unless it is to formally depose them.

  3. These co-workers and anyone else who is called as a witness would only be able to testify as to things they have actually seen and heard, or thave been told to them directly by the Wife.

Helena M. Nevicosi
Attorney with Rosen Law Firm

4101 Lake Boone Trail, Suite 500
Raleigh, North Carolina 27607
919.787.6668 main phone
919.787.6361 main fax

Charlotte Office
301 McCullough Drive
Suite 510
Charlotte, NC 28262
Main Phone: (704)307.4600
Main Fax: (704) 9343.0044

Durham & Chapel Hill Office
1829 East Franklin Street
Building 600
Chapel Hill, NC 27514
(919) 321.0780

ROSEN.COM

The response posted above is based upon the limited factual information made available and is not intended as a full and complete response to the question. The only reliable manner to obtain complete and adequate legal advice is to consult with an attorney, fully explain your situation, and allow the attorney sufficient opportunity to research the applicable law and facts required to render an accurate opinion. The basic information provided above is intended as a public service only, a full discussion with an attorney should be undertaken before taking any action. The information posted on this forum is available for public viewing and is not intended to create an attorney client relationship with any individual. These answers are provided for informational purposes only, a person should consult with their own individual legal counsel before taking any action that could affect their legal rights or obligations.


#9

Husband has a list of names of wifes co-workers he wants deposed in attempt to prove adultry for something that happend over two years ago.Since NC is a no fault state and the children are adults, is there even a court proceeding and can witnesses be deposed in this case? To what purposed would this happen and what could the possible results be? Can the wife be forced to take part in this tactic? What if she refuses to participate?