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  1. #1
    Join Date
    Apr 2009
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    Somewhere near Canada
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    Default 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.

  2. #2
    Join Date
    Apr 2011
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    4

    Default 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.

  3. #3
    Join Date
    Apr 2009
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    Somewhere near Canada
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    Default 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.

  4. #4
    Join Date
    Apr 2011
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    4

    Default Re: Deposed Out of State in a Divorce Proceeding

    Thank you very much for your help.

  5. #5
    Join Date
    Apr 2009
    Location
    Somewhere near Canada
    Posts
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    Default 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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