Legal Question in Family Law in Florida

I have been scheduled to appear for a deposition relating to my relationship with my girlfriend and to determine if we are cohabiting. This was brought by her ex, in an attempt to deflect the larger picture which is in process. His motion is an attempt to terminate alimony.

I was not served, although an attempt was made. I contacted opposing counsel by telephone and have agreed to appear. Can I limit the scope of the deposition to co-habitation issues alone? How do I refuse to answer questions that may expose me in other areas?

Can I invoke the Fifth Amendment?

Since I have not been served, does this provide me with any advantage?


Asked on 12/09/09, 9:53 am

1 Answer from Attorneys

Brent Rose The Orsini & Rose Law Firm

You are allowed to make objections if the scope of the deposition gets too far outside the issue of cohabitation and the monetary issues surrounding it. If you object and refuse to answer, the issue will go before a judge, and the judge will decide if there has to be another deposition, which may be more than it's worth to you in terms of time. Technically, cohabitation is illegal in Florida (an old law that was never "taken off the books.") Some lawyers use that law to have their clients take the fifth, but if you do that, you may just end up proving the other side's case. In other words, his lawyer may say, "Obviously they are living together because the boyfriend won't admit it in deposition." Remember, too, that you can't testify at trial about anything you refuse to testify about in deposition, so you may harm your girlfriend's case by screwing with the deposition. Better to be honest and answer any reasonable question asked that doesn't stray dramatically from the issue. Your girlfriend should have a lawyer there to help you. Terminating alimony on the basis of cohabitation is very complicated despite what the statute says, so she should have an attorney to help her.

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Answered on 12/14/09, 12:22 pm


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