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Adultery counter claim

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njbigtex

Guest
NJ - is a "fault" state. An initial divorce claim has been filed for "extreme mental abuse" the husband is now counter sueing his wife for adultery, and has named me in a counter claim. His lawyer has subpeonaed me for a deposition. I live in another state. IS THIS LEGAL? Can they subpeonae me from one state to the other? What can I do? Does this have any bearing on the Initial Fault of the divorce? Or is this just good-old-fashion mudd slinging?
Need Help please.......NJbigtex
 


I AM ALWAYS LIABLE

Senior Member
njbigtex said:
NJ - is a "fault" state. An initial divorce claim has been filed for "extreme mental abuse" the husband is now counter sueing his wife for adultery, and has named me in a counter claim. His lawyer has subpeonaed me for a deposition. I live in another state. IS THIS LEGAL? Can they subpeonae me from one state to the other? What can I do? Does this have any bearing on the Initial Fault of the divorce? Or is this just good-old-fashion mudd slinging?
Need Help please.......NJbigtex
My response:

A subpoena from one State, served in another, is absolutely worthless - - unless you carry on some sort of ongoing relationship with the Forum State; e.g., you own land or have a business in the Forum State. In other words, you must have some sort of "minimum contacts" with the Forum State in order for the court to obtain jurisdiction over you. Anything less than that, they'll just have to wait for you to "step a foot" onto the soil of the Forum State before their subpoena is any good. They're obviously hoping you won't know this little tid-bit of information, and merely show up.

In reality, this is a Constitutional / State's Rights matter / question, having to do with the rights of a State to protect its own citizens, and to protect its own sovereignty.

IAAL
 
N

njbigtex

Guest
Another ??

First; Thank You IAAL for your fast repsonse.....I do Appreciate it.
Second; Is it legal for a husband to hack his wife's email account on their home computer to gain access to private and personal information, and use it against her in the divorce settlement?
Or does this fall under the criminal act - section 2511 "Interception of wire, oral, or electronic communication is prohibited"
Thanks again for your help....NJBT
 

I AM ALWAYS LIABLE

Senior Member
Re: Another ??

njbigtex said:
First; Thank You IAAL for your fast repsonse.....I do Appreciate it.
Second; Is it legal for a husband to hack his wife's email account on their home computer to gain access to private and personal information, and use it against her in the divorce settlement?
Or does this fall under the criminal act - section 2511 "Interception of wire, oral, or electronic communication is prohibited"
Thanks again for your help....NJBT
My response:

In my opinion, no to each of your questions. First, the computer belongs to both of them and they can each use the computer any way they like . . . it's theirs.

Second, there's no wire fraud involved. All he did was hack the hard drive and there's no law, of which I am aware, that makes that unlawful IF you're doing it to your own property.

IAAL
 

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