Legal Question in Family Law in Washington
Subpoena for witness in out of state divorce
I am in a situation where a close friends ''soon to be'' ex wife says she is going to subpoena me as a witness in their divorce. They live in Oklahoma, I live in Washington state. I don't want to have anything to do with the divorce, on either side. Can I be required by the court to appear in another state as a witness in a divorce trial. At this point, they are still deciding on the terms of the decree and it is a no-fault divorce. I'm not even sure that there would be a trial with witnesses. Anyway, I'm just trying to find out if either of them (I don't imagine he would be she might) can do this. The time away would be detrimental to my work and school career and I can't afford the travel either. Any info would be appreciated.
1 Answer from Attorneys
Re: Subpoena for witness in out of state divorce
The Oklahoma Court does not have jurisdiction to requre you to appear in Oklahoma and testify in a trial there, because you don't live in Oklahoma.
That said, lots of times court require mandatory witness disclosure. It is the habit and practice of attorneys to disclose more witnesses, rather than fewer witnesses, so somebody could just be playing it safe by disclosing you. That doesn't mean that you will be called as a witness.
Chances are there is absolutely nothing you have to add to the issue of whether these people should be divorced or not.
Hope this helps. Elizabeth Powell
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