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P. Simmons
P. Simmons, Attorney
Category: General
Satisfied Customers: 35010
Experience:  45 years old, retired Marine Officer, current attorney
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I am a New York resident. I have been divorced for 3 years.

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I am a New York resident. I have been divorced for 3 years. My ex husband is going through a custody case with his ex girfriend. I beleive she doesn't know we are even divorced. She has found my phone number and left me a message asking various questions about his possible girlfriends in past and our relationship and so on. She knows that we don't live together and she wants to hear about it too.I don't want to testify in court on either side. Can they really drag me into this? How can I stay out of it? Must an ex wife testify at all?
If you are subpoenaed to to testify, you must honor it. If you do not the judge can send the sheriff to bring you into court...not something you want to deal with.

So yes, they can "drag you into his"

On the other hand, you are not required to discuss this with either side absent a court you may want to stop talking to the girlfriend.

There is a spousal priveledge that will apply to communications between him and you during your marriage...but this will not prevent a subpoenal

Sorry to bear bad news

Please let me know if you have further questions; if so I will do my best to answer them. If not please hit the accept button, its the only way I get credit for my work.

Customer: replied 7 years ago.

I am sorry I still need some qlarifications:

1.Can you please define the 'spouse priviledge'? Does that mean that I don't have to testify against him? Does that apply if we have been devorced?


2. I haven't spoken to his girlfriend yet. But she has found my work number. And she's been leaving threatening messages that if I won't speak with her she will come to my work and make a scandal. That's the last thing that I need. I work in the city (NYU) in a very good firm and I really don't need this. So I probably have no choice.

Spousal privilege can be invoked by the other spouse to prevent you from testifying about communications between you and he while you were married. It will not stop a subpoena and only he can invoke this privilege.
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