Legal Question in Family Law in Tennessee
I've been accused of Adultry but not by my wife
A long lost friend from grade school & I have been talking a lot on the phone. She's in one state (TN) & I'm in another (KY). I was told her husband had no problem w/ our conversatiions because he knew she was planning a reunion. We are only friends. He filed for divorce (after he was jailed for hitting her) claiming she was having an affair with me. His proof so far, phone records. Now my friend & do talk a lot & I have met face to face a few times but no funny business. I'm told that he hired a detective to follow her. There is a slight chance there could a picture or two of her car at my work but its not like we were the only people in the building or of us going to a drive thru but nothing that screams affair. When their court date is set can I be subpenaed from Ky to Tn to appear in court? I'm not sure what the advantage is to having me say ''yes thats me ordering a large drink from McDonalds'' or ''yes we talk on the phone a lot.'' And, if there are pictures would his lawyer have to disclose their evidence to her lawyer before going to court? Is there an advantage for him to drag me in there?
1 Answer from Attorneys
Re: I've been accused of Adultry but not by my wife
Briefly, TN law may be different than KY law. I practice in KY. He may be able to subpoena you for a deposition in KY, but highly unlikely you could be made to go to TN. Assuming TN has similar Civil Rules as KY, then her atty would have right to have his atty disclose evidence intended to be used at trial. This is known as "discovery."
I hope this points you in the right direction.
Good luck.