Legal Question in Family Law in Massachusetts

Re: Witness in a divorce trial

Normally no because you are not a party to the divorce lawsuit. However, depending on the set of facts, one of the parties may bring an equity action against you in probate court and consolidate it with the divorce. You would know if this happened though because you would be sued by one of the parties.

Re: Witness in a divorce trial

If there is any reasonable evidence that your finances are in some way linked to one or both of the parties', your financial records are fair game. If you have nothing to hide, this will not be a problem. Your only recourse is to seek a protective order against over-broad discovery. For this, you should have your own attorney.

Re: Witness in a divorce trial

In addition, contrary to the other attorney's answer, you need -not- be sued by either party for one to obtain this evidence. The interested party's attorney merely issues a subpoena duces tecum to you and/or the financial institution, and gives the other side notice that a deposition will be taken (or that the documents must be brought to trial). The deposition (or trial) subpoena is issued in the existing divorce action. If your bank alone is subpoenaed, it will notify you. If the party allegedly using you to hide assets (or the evidence of loan repayment/gifts) notifies you, that would be a fine courtesy as well.

Once you know of the deposition or trial subpoena, YOU have the right to file a motion seeking to quash the subpoena.

In this case, I would be prepared to bring together the clear evidence that disproves any allegation that you are somehow a party to a marital financial situation in seeking to quash the subpoena.

Again, the breadth of the subpoena is likely to be the -only- issue you have here. If there is any paperwork or reasonable testimony evidencing the existence of the loan, the -Court- is entitled to know its status by the time of trial. The evil nasty attorney who is seeking the data is preparing to present this data to the -Court- as a finder of fact on marital assets and debts, and each spouse's actual financial situation.

I hope that this clarifies the situation.

Re: Witness in a divorce trial

Generally, your assets will not be an issue unless you are linked to one of the parties financially. No lawsuit need be filed against the party, only a subpoena. However, you have a right to Move to Quash the Subponea.

If you are a business partner of one to the parties, your personal finances may be subject to review. A parent may also be subject to such a review where they are providing support or loans as examples of such situations. If there is an allegation you are hiding assets for one party or the other.

good luck