Can I plead the 5th in my divorce case? Posted on April 27, 2011
I am the plaintiff in a divorce proceeding where I'm claiming grounds of 1 yr separation, and my wife counter-sued claiming adultery. I have depositions scheduled next week, and I've completed my cross-complaint answers to her using affirmative defenses of connivance and recrimination. If I plead the 5th in the deposition on questions regarding adultery, will my affirmative defenses be denied? My thought is that the court may question why I'd deny something yet claim affirmative defense.
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