Legal Question in Family Law in North Carolina

I have a friend (I know it sounds like i'm covering for myself... but seriously, I have a friend) who seeing a woman that is going through a separation. She has moved out, but they began seeing each other while she still lived with her husband. He has been subpoenaed to appear at her separation hearing by her soon to be ex-husband. He's worried about being questioned since their relationship has been "off the books" so to speak. I'm worried about him being "less than honest" if he's under oath. What advise would you have for him?


Asked on 2/14/16, 4:53 am

1 Answer from Attorneys

First, either you are confused or this is happening in another state because in North Carolina - we don't have 'separation hearings'. So if this is in another state, you should ask this question to an attorney licensed in that state. Otherwise, I would say your 'friend' "wink, wink" can give everyone the finger, shut his flapping pie hole and hire an attorney. But I am also curious as to why you are worried about him being less than honest. There is only two legitimate reasons he would have to be 'less than honest', one is if he is worried about being sued civilly (slapping it to a married woman isn't much of a crime these days) or two, the poor sap thinks he is in love with her (if this is the case, nothing you say to your 'friend' will likely help, so I will assume its reason one). If its reason one basically, unless he has vast assets that are not exempt that he is concerned about losing in a law suit, he can pretty much stroll up in there wearing a greasy wife beater and drinking a Milwaukee's Best beer and tell everyone she was his little spank monkey all while making thrusting hip motions and holding his junk and there is likely no down side for him (except of course likely loosing the married woman which he should do anyway but isn't really much of a loss because she can be easily replaced with a trip to your local bar). Anywho, tell your 'friend' the best thing to do is to shut his mouth, hire an attorney and quit hooking up with married women. And if god forbid, it is reason two - tell your 'friend' that if she cheated on her husband, does he really think she won't cheat om him later down the road? As the Magic 8 Ball says, 'signs point to yes'.

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Answered on 2/14/16, 9:12 am


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