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subpoena servie

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plainjane

Junior Member
What is the name of your state (only U.S. law)? Florida
I've been going through a divorce now for two years. my boyfriend is going to be served a subpoena by opposing counsel according to my attorney. If he is not served, is he still required to be at the hearing since my attorney has knowledge that he's being served and may even have received a copy of the subpoena in advance by opposing counsel. My attorney represents me and not my boyfriend. Can he be held in contempt for not showing up.
 


Ohiogal

Queen Bee
What is the name of your state (only U.S. law)? Florida
I've been going through a divorce now for two years. my boyfriend is going to be served a subpoena by opposing counsel according to my attorney. If he is not served, is he still required to be at the hearing since my attorney has knowledge that he's being served and may even have received a copy of the subpoena in advance by opposing counsel. My attorney represents me and not my boyfriend. Can he be held in contempt for not showing up.
Is your boyfriend avoiding service actively? Are you helping him?
He could be held in contempt. It depends on the specific details. It would have been better for you if you had not committed adultery.
 

plainjane

Junior Member
response #1

Thank you for your reply. To answer your questions, he's going on about his normal daily routine and so there is no need for me to help him avoid being served. I believe in your reply, you've made the assumption that my divorce is based on an adultrous affair and a further assumption that my boyfriend was the subject. For the record, if those were your assumptions, they would be incorrect. What is required by law for a person to be required to attend a hearing: knowledge of the subpoena or service of the subpoena?
 

LdiJ

Senior Member
Thank you for your reply. To answer your questions, he's going on about his normal daily routine and so there is no need for me to help him avoid being served. I believe in your reply, you've made the assumption that my divorce is based on an adultrous affair and a further assumption that my boyfriend was the subject. For the record, if those were your assumptions, they would be incorrect. What is required by law for a person to be required to attend a hearing: knowledge of the subpoena or service of the subpoena?
Service is normally what is required.

Since you are legally still married, any romantic relationship that you have with someone else is technically adultery. Although I am not sure why it matters in FL, unless you are asking for alimony and you live with your boyfriend.
 

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