Calling witnesses in a no fault state

[chigirl83]

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

My parents are getting divorced and my mother has told my father that if he will not agree to her settlement, she will call my sister and I as witnesses in divorce court (against our will). I told her we do not have any information regarding financials (which, as I understand it, would be what's discussed in divorce court in a no fault state), and she said that we do have information on how she's been "treated" (alcoholism, etc). And that how she's been treated could/would be discussed in court because it goes to show how much money she "deserves".

So, obviously this is a stressful situation for me. Does anyone know if, in Iowa, witnesses are called (and against their will) and if so, can they testify about how one party was "treated"?

 

[Antigone*]

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

My parents are getting divorced and my mother has told my father that if he will not agree to her settlement, she will call my sister and I as witnesses in divorce court (against our will). I told her we do not have any information regarding financials (which, as I understand it, would be what's discussed in divorce court in a no fault state), and she said that we do have information on how she's been "treated" (alcoholism, etc). And that how she's been treated could/would be discussed in court because it goes to show how much money she "deserves".

So, obviously this is a stressful situation for me. Does anyone know if, in Iowa, witnesses are called (and against their will) and if so, can they testify about how one party was "treated"?

You certainly can be subpoenaed.

 

[Ohiogal]

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

My parents are getting divorced and my mother has told my father that if he will not agree to her settlement, she will call my sister and I as witnesses in divorce court (against our will). I told her we do not have any information regarding financials (which, as I understand it, would be what's discussed in divorce court in a no fault state), and she said that we do have information on how she's been "treated" (alcoholism, etc). And that how she's been treated could/would be discussed in court because it goes to show how much money she "deserves".

So, obviously this is a stressful situation for me. Does anyone know if, in Iowa, witnesses are called (and against their will) and if so, can they testify about how one party was "treated"?

If you make it know you are called "against your will" you will be treated as a hostile witness. You can be asked questions regarding "treatment" and that can impact distribution in an equitable distribution state (which I think IOWA is but have not looked). There is no guarantee however that your testimony would be considered relevant by the court. Does your mother have legal counsel? Does your father?

 

[chigirl83]

Yes, they both have legal counsel. My father's attorney will ask the judge not to grant any subpoenas, though I realize that may not happen.

So stressful to even think about being forced to testify against a parent.

 

[Ohiogal]

Yes, they both have legal counsel. My father's attorney will ask the judge not to grant any subpoenas, though I realize that may not happen.

So stressful to even think about being forced to testify against a parent.

Are you and your sibling adults? On what grounds will daddy's attorney ask to have the subpoenas quashed? Quite frankly, don't expect that to happen. Your mother has a right to subpoena anyone who may have information that is pertinent and relevant to the divorce. If your father had a mistress, that person could be subpoenaed -- even in a no-fault state.

 

[Silverplum]

IA is an equitable distribution state. I don't see why your mother would want to call you, except to cause drama and incite father-hate.

http://publications.iowa.gov/354/1/divorce.pdf

 

[chigirl83]

We are both adults. I don't know on what grounds his attorney was thinking.

 

[ecmst12]

All you can do is ask your parents to leave you out of their disputes, and hope that they respect your wishes.

 

[Bali Hai]

IA is an equitable distribution state. I don't see why your mother would want to call you, except to cause drama and incite father-hate.

http://publications.iowa.gov/354/1/divorce.pdf

Could the "deserving" mother also be looking for revenge as well as a windfall?