Response needed for witness disclosure?

[melnatmama]

What is the name of your state (only U.S. law)? CALIFORNIA

My boyfriend, who is also going through a divorce, is set to go to court next Thursday (2/11). We received his ex's Witness List yesterday and I'm wondering if we need to respond with one of our own.

My thought was that since the ex's lawyer is calling both the ex AND my boyfriend to the stand, that will give him a change to cross-examine as well.

 

[mistoffolees]

He will get a chance to cross-examine, but that's not why you might need a witness list. Without knowing what he would hope to prove or what the issues are, it's impossible to say whether he needs any witnesses or not.

I would suggest that he start by reading all the rules of evidence and other court rules for the state. I believe CA has a pretty good self-help guide for handling divorce on your own, but I"m not 100% sure (I think someone posted something about it here, so search this site or ask your court clerk).

 

[melnatmama]

Ca. does have a good self help website, however, I couldn't find anything on this particular subject. He doesn't plan on having any witnesses. I know she will try to lay the foundation of him being a deadbeat and he will defend himself.

 

[Ohiogal]

Truthfully your boyfriend is an adulterer. I do not understand why YOU believe you are to do anything or should do anything. This is NOT your divorce. It is YOUR BOYFRIEND'S divorce.

 

[mistoffolees]

Ca. does have a good self help website, however, I couldn't find anything on this particular subject. He doesn't plan on having any witnesses. I know she will try to lay the foundation of him being a deadbeat and he will defend himself.

Being a deadbeat isn't a crime, nor does it have anything to do with getting a divorce.

Exactly what is she trying to prove and for what reason? And what will the witnesses have to say?

Depending on what she says, he may not be able to counter it on his own - he may NEED witnesses, but you have to lay out the scenario to be sure. If he wants to defend himself against ANYTHING, keep rules of evidence in mind. For example, he can't testify that his boss thinks he's a good worker - that's hearsay (there are minor exceptions, but none are likely to apply). It will be virtually impossible to prove that he's not a deadbeat without witnesses (heck, even with witnesses, you can't really PROVE that someone's a fine, upstanding citizen). You have to start with what she's going to claim and what evidence she will provide and then counter that evidence. He may need some type of discovery request.

 

[melnatmama]

Ohiogal, I came to this website for help, NOT to be judged.

 

[Silverplum]

Ohiogal, I came to this website for help, NOT to be judged.

Bummer 'bout that.

It's not your legal issue. Your bf can sign up and get help about his case. But there is no "WE" in this, legally.

 

[LdiJ]

Bummer 'bout that.

It's not your legal issue. Your bf can sign up and get help about his case. But there is no "WE" in this, legally.

And on top of that, you have absolutely no idea how much damage you might do to your boyfriend by simply getting involved in his divorce at all.

 

[Ohiogal]

Ohiogal, I came to this website for help, NOT to be judged.

That is a LEGAL FACT. You are aiding your boyfriend in committing adultery. His WIFE can have a field day with your existence. He can lose out on quite a bit because of YOUR EXISTENCE. Any dime he spends with you can be considered DISSIPATION OF MARITAL ASSETS. He is not allowed to spend ANYTHING on you without it affecting HIS divorce. Understand? He may be a deadbeat according to his wife because he is NOT contributing to the marriage by paying marital debts and what not and is instead spending it on his harlot/tramp/adulterous lover or however the Mrs. would refer to you.

Being a deadbeat is NOT actionable. Dissipating marital assets on a lover most definitely is.