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Deposed Out of State in a Divorce Proceeding

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  • 04-22-2011, 09:56 AM
    GAmetal
    Deposed Out of State in a Divorce Proceeding
    My question involves alienation of affection law for the State of: Mississippi

    The married couple lives in Mississippi and the third party lives in Georgia. I have been told the the Alienation of Affection laws are "alive & well" in MS. and used frequently to win divorce cases. In this case however, the third party and the married spouse visited MS for business purposes, and have been seen in public together. The third party has been deposed to show their assets in relation to the married couples divorce, now a contested divorce based on adultery.

    My question is two fold, #1:can the third party be sued under this law when the third party lives in a state where there is no such law?

    #2: can the third party be forced to appear for the deposition when they live 500 miles from where they want them to appear?
  • 04-22-2011, 02:08 PM
    Dogmatique
    Re: Deposed Out of State in a Divorce Proceeding
    1. Yes, if the events took place in MS.

    2. Unless MS has a "long-arm" statute, no - the person in GA cannot be "forced" to attend since MS has no personal jurisdiction over the GA resident.

    However...

    ...that would often mean that if the defendant doesn't turn up and respond, the plaintiff gets everything they ask for by default.
  • 04-22-2011, 04:35 PM
    GAmetal
    Re: Deposed Out of State in a Divorce Proceeding
    Thank you for your response. A bit more detail:

    1. No events took place in MS other than the married party visiting the third party at a business venture. All the "events" happened in Georgia or places other than MS. Would that one time seen in public be enough to prove the alienation charge?

    2. To clarify "the plaintiff getting everything that they ask for by default": if the third party does not respond, would that mean they get the third parties financial records by court order?

    Thanks again.
  • 04-22-2011, 04:59 PM
    Dogmatique
    Re: Deposed Out of State in a Divorce Proceeding
    1. It can be, yes - these cases are very detail-specific, and the actual act (of intercourse) does not necessarily need to be proven. In all honesty if you're ever on the receiving end of an AoA suit, you best speak with an attorney.

    2. The court can issue a subpoena, yes. You would then have to file to quash the subpoena for the same reason - GA doesn't have personal jurisdiction over you.

    Seriously this would be the time to speak with a local attorney.

    You could always, if it's simply a matter of distance, request to appear telephonically.
  • 04-22-2011, 07:15 PM
    GAmetal
    Re: Deposed Out of State in a Divorce Proceeding
    Thank you very much for your help.
  • 04-22-2011, 07:24 PM
    Dogmatique
    Re: Deposed Out of State in a Divorce Proceeding
    You're welcome - but I misspoke. In my previous response, I said that GA didn't have personal jurisdiction. I meant that MS didn't have same. Sorry :)

    (Though the reasoning is still the same)
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