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AkersTile

Member
What is the name of your state (only U.S. law)? MO
My husband went to the court hearing with his xwife. Judge started the trial, but because there were so many witnesses subpoenaed it is continued for 2 more dates. She currently gets the kids EOW Fri @ 6 - Sun @ 6.

Next problem.
I was involved in a car wreck the other day in which my nephew was killed. I was the driver and hit him with my van. Let's not get into all of the emotional issues because I'm trying to cope as best I can for all of the kids, buth mine and hubby's and my stepkids. Hubby's lawyer contacted a counselor who I need to meet with so that I can sort through everything in my head.

My question is: Can xwife's lawyer bring this up in court? Will it hurt my husbands case?

He was not with me, nor were the stepkids. It was just my 2 kids and my sister and her 2 (one of which was the one killed). DFS has come out to the house and spoke with all of us, me, hubby, sis, kiddos. They went over things that we are doing to make sure this never happens again. Xwife is already aware of it since it was on the news Mon night and Hubby spoke with her about it yesterday.

I'm sorry if this makes no sense. Please give me some kind of advice.
Thanks
 


stealth2

Under the Radar Member
My condolences on your family's loss. Please make sure you take the time and steps necessary to help yourself through this.

From what we've seen of her here, I would expect the ex to try and make an issue of it. Assuming it was an accident, I wouldn't stress too much over it, but I would certainly make sure hubby discusses it with his attorney.

Again - I'm sorry.
 

AkersTile

Member
Stealth-
Thank you.
Both hubby and I have spoken with his lawyer multiple times over the past few days. His lawyer has said that since the state patrol said that they didn't find criminal negligence (I think that was the words) so no charges would be filed that that would be better as far as the custody issue. The best would be if it never happened but I can't go back in time as much as I would love to.

Would it be possible for me to refuse to testify about this incident or would the judge force me to testify?
 
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CJane

Senior Member
My condolences.

Your husband's attorney can best advise you on whether or not you should testify. There may be a way to NOT have to testify to it, but I certainly can't tell you what that would be, and you don't want to appear to be evasive.

It IS irrelevant to the case, and the judge MIGHT see that.
 

Artemis_ofthe_Hunt

Senior Member
My condolences.

Your husband's attorney can best advise you on whether or not you should testify. There may be a way to NOT have to testify to it, but I certainly can't tell you what that would be, and you don't want to appear to be evasive.

It IS irrelevant to the case, and the judge MIGHT see that.
I hope the best for your family, I can't imagine what your family is going through with this...
I hate to throw a monkey wrench into this, but a thought about the circumstances that might (a big MIGHT) come up even though there has been no criminal negligence findings is a civil suit for wrongful death? Am I just thinking of a circumstance that would be a big reach? :confused:
 

AkersTile

Member
Thankfully, a civil suit is something that we don't have to worry about. My sister was with me when it happened and everyone realizes that it was an accident.

Thank you everyone for your replies and condolences.
 

Artemis_ofthe_Hunt

Senior Member
Thankfully, a civil suit is something that we don't have to worry about. My sister was with me when it happened and everyone realizes that it was an accident.

Thank you everyone for your replies and condolences.
at least there's that. Again, condolences for your family's loss.
 

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