Legal Question in Family Law in Florida

Re: subpoena in a divorce hearing

It would certainly be a good idea for you to have an attorney present during the deposition -- or at least have a long conversation with her attorney beforehand -- since your answers can substantially harm her case, especially if she is seeking alimony or custody.

You will have to appear and answer all the questions with very few exceptions. The only questions you are allowed to refuse to answer are those that involve a "privilege" or those that are "not calculated to lead to discoverable" evidence. You probably won't be asked any questions like that, but, if you are, her attorney or yours will probably object.

Re: subpoena in a divorce hearing

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You must appear and answer the questions posed by the attorney for the husband. The attorney has the right to ask any legitimate questions that could have any probative value for the case. You can be represented by your own attorney but frankly, the wife's attorney will probably object to anything that is improper.

Scott R. Jay, Esq.

Re: subpoena in a divorce hearing

You have to go and answer the questions.