How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.
Ask ScottyMacEsq Your Own Question
ScottyMacEsq
ScottyMacEsq, Lawyer
Category: Family Law
Satisfied Customers: 17065
Experience:  Licensed Texas General Practice Attorney
19487448
Type Your Family Law Question Here...
ScottyMacEsq is online now
A new question is answered every 9 seconds

I have subpoena order they placed at my door, this is as a

Customer Question

I have subpoena order they placed at my door, this is as a witness in a divorce case
I don't want to answer anything because my husband is involved. I want to save my marriage. Can I evoke my right to fifth amendment?or what other option I have.
Submitted: 12 months ago.
Category: Family Law
Expert:  ScottyMacEsq replied 12 months ago.

Thank you for using JustAnswer.

I'm sorry to hear about your situation. The fifth amendment only protects you against self incrimination. The key part of "incrimination" is the "crim" part, which means criminal. That is, if the answers that you would provide would incriminate you (confess a crime such that you could be prosecuted under criminal laws) then you could invoke your 5th amendment right against self incrimination. Otherwise, if you refuse to answer the questions, you can be held in contempt of court.

Now that being said, you can still strictly answer the questions, in that you don't have to give more information than you're asked. For example, if you're asked if you know the time, you can say "Yes." You don't have to say "It's 3:30" or whatever. And if you're not 100% sure of the answers you can always say "I don't know" or "I don't remember".

The only privileges (other than against self incrimination) would be attorney/client, doctor/patient, or marital communications.

In any civil proceeding, a person has a privilege to refuse to disclose, and to prevent anyone else from disclosing, any confidential communication between his spouse and him during their marriage, regardless of whether he is married to that spouse at the time he objects to disclosure. This privilege may not be asserted in any proceeding in which the spouses are adverse parties, or in which either spouse is charged with a crime or tort against the person or property of the other or against the minor child of either spouse. For the purposes of this section, "confidential communication"means a communication made privately by a person to his spouse that is not intended for disclosure to any other person.

So the marital privilege may be relevant, but only so far as it concerns actual communications between you and your spouse that were intended to be private in the first place. If that's the case, you can claim marital communication privilege. But otherwise, you'd have to answer it, even if your answer is that you don't know or don't remember.

I know this is probably not what you wanted to hear, but it is the law. I hope that clears things up anyway. If you have any other questions, please let me know. If not, and you have not yet, please rate my answer AND press the "submit" button, if applicable. Please note that I don't get any credit for the time and effort that I spent on this answer unless and until you rate it positively (3 or more stars). Look for the stars on your screen (★★★★★). Thank you, ***** ***** luck to you!

Expert:  ScottyMacEsq replied 12 months ago.

Did you have any other questions before you rate this answer?

Expert:  ScottyMacEsq replied 12 months ago.

Are you there? Please note that I am still here, awaiting your response or rating... (please note that rating closes this question out, so if there's nothing else, please rate it so that I can assist other customers that are waiting for answers to their questions)

Expert:  ScottyMacEsq replied 12 months ago.

Should I continue to await your response, or may I assist the other customers that are waiting?

Expert:  ScottyMacEsq replied 12 months ago.

My apologies, but I must assist the other customers that are waiting. If you have any other questions, please let me know. If not, and you have not yet, please rate my answer AND press the "submit" button, if applicable. Please note that I don't get any credit for the time (>40 MINUTES) and effort that I spent on this answer unless and until you rate it positively (3 or more stars). Look for the stars on your screen (★★★★★).

If you feel that I have gone above and beyond in this answer (my average answer is about 10 minutes) bonuses are greatly appreciated. Thank you, ***** ***** luck to you!

▼ RATING REQUIRED! ▼ Please don't forget to Rate my service positively. It's only after you rate that I am credited.

Expert:  ScottyMacEsq replied 12 months ago.

I see that you have not responded in some time. Please note that this question is still open until you rate it. I believe that I have answered your question, but if you have any other questions, please let me know. If not, and you have not yet, please rate my answer AND press the "submit" button, if applicable. Please note that I don't get any credit for the time and effort that I spent on this answer unless and until you rate it positively (3 or more stars). Look for the stars on your screen (★★★★★). Thank you, ***** ***** luck to you!

If you can't see the stars, you may need to scroll up/down/left/right so that you can see them. Again, please note that you have to click the rating and submit it for the question to close out and for me to get credit for the answer I provided.

Expert:  ScottyMacEsq replied 11 months ago.

Hope that clears things up a bit. If you have any other questions, please let me know. If not, and you have not yet, please rate my answer AND press the "submit" button, if applicable.

Please note that I don't get any credit for the time and effort that I spent on this answer unless and until you rate it positively (3 or more stars). Look for the stars on your screen (★★★★★). You may need to scroll left/right/up/down to see these stars, but note that the rating is what closes out this question, so it is necessary that you do so.

Thank you, ***** ***** luck to you!