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Posted 11/12/2008 1:36 PM (GMT 0)
Hi everyone; I have an unusual situatuion which came up yesterday.  I have a friend w/BP.  I was introduced to her by someone who thought we could be a support system for each other because we both have B/P.  Anyway, she has had 3 huge spending spree's in 1 1/2. (totally about 60 thousand) Her husband is at his wits end and is really scared her actions are risking his business and home.  He told me yesterday their theripist told him to get a lawyer and he is considering doing so.  Then he told me that I would be one of the people he would summon to testify.

I don't want to be involved in this nor do I want my personal B/P & other medical issues be made public in a divorce court.  How can I get out of this.  Can I be made to testify?  And can my personal information be made public?

 

Posted 11/12/2008 3:14 PM (GMT 0)
If it goes to court, you could be asked to testify as a character or fact witness for either side. If their divorce elevates to that level, you need to get a lawyer yourself to ensure that your disease remain confidential (sealed records, closed proceedings, etc.). I believe you may be able to refuse to testify and provide an affidavit instead.

Again, you'd have to consult a lawyer in your state if they try to involve you in their divorce proceedings. She may not contest it and it may proceed w/out a trial.
Posted 11/12/2008 3:46 PM (GMT 0)
Thank you Diskus; I have alot of other things going on as most of us do. I really don't need this added stress and I'm glad to know I may have legal options to ensure my privacy.
Posted 11/12/2008 5:27 PM (GMT 0)
Hi Juliaa,

I am sorry to hear of this. What a terrible position you are being put in. Did you tell him you would not like to be a witness? That might be enough. But in the meantime, I totally agree with Diskus, get yourself a lawyer.

serafena
Posted 11/12/2008 11:59 PM (GMT 0)
What a terrible place to be in.  I am sure in his reasonings for a divorce, her bipolar and the financial damage it has caused, will be one of the main topics in his reason for getting a divorce.  But for you to be in the middle. . .   If asked to testify, you would of course have to, at risk of getting into trouble yourself.  But if I were you I would at least consult an attorney of your own to see what rights you have in order to keep your own history private.  Meaning...when being questioned, do you have the right to decline answering questions if they have to do with your personal medical history.

Posted 11/13/2008 10:53 AM (GMT 0)
Your atty (or his atty, whoever calls you to the stand) can object to questions about your medical history based on relevancy...However, her atty could use your disease to prove or disprove your mental capacity and ability to appreciate facts or character traits of either him or her for what they truly are.

Bottom line, if it gets messy, you need your own atty to advise you. I think you get the message! Hope you're doing well. Try not to let this potentially stressful situation take it's toll on your own stability.
Posted 11/13/2008 10:40 PM (GMT 0)
I see the potentional for this to get very messy. If he does file I am going to get an attorney (thank you Diskus). I lost my sister recently and have had a very difficult after losing my sister (posted on depression) and will not re live any of that in court for anyone. It is personal and won't be the scap goat for my "friends" lack of care giving & responsibility in her marriage. She knew she was BP and went with out active treatment until recently, hense her spending spree's and other problems. I don't want to sound cruel but I just can not have my personal information in an open court record. It gives me an anxiety attack thinking of it.

Post Edited (Juliaa) : 11/14/2008 3:27:10 PM (GMT-7)

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