NMMR: Divorce Questions

[Deleted]

I have a friend who got a call from one of her friends so this story may have holes. I also know no one can give legal advice but want to throw this out there in case anyone has advice from being there before.

This person is filing for divorce because her husband is a drunk and she "really wants him to get help". I have no idea is she is just threatening divorce so he will clean up his act of truthfully getting divorce. This wants my friend to sign an affidavit stating that she has been witness to his drunk episodes and thinks he needs help. She send her the affidavit and its blank. Has anyone ever signed one of these as a thrid party? Should my friend be talking to a lawyer about what to write? Should she even volunteer to write it at all or should she say she doesnt feel comfortable? My friend is friends with both the husband and the wife.

[Deleted]

My initial reaction is that my friend should tell the other person she is uncomfortable with the situation and wants to stay out of it.

[GailGoldie]

i would never sign something that is blank... is she hoping her friend will sign and then later she'll fill in the story the way she wants it? or wants the friend to write it all? in that case- seems odd she "sent" her something.

I personally wouldn't feel comfortable getting involved at all. No good will come out of getting involved in someone's divorce.

[vanillacourage]

I would stay out of it unless the affidavit is for child custody purposes and her kids are in legit danger.

[Deleted]

Sept 26, 2012 11:16:20 GMT -5 GailGoldie said:

i would never sign something that is blank... is she hoping her friend will sign and then later she'll fill in the story the way she wants it? or wants the friend to write it all? in that case- seems odd she "sent" her something.

I personally wouldn't feel comfortable getting involved at all. No good will come out of getting involved in someone's divorce.

She told her she wanted her to write about the incidents she observed. I agree that it sounds like no good will come of this.

[jennistarr1]

"If getting him help truly is the motive, then I don't think me signing an affadavit is helpful, it seems like we're ganging up on him...I would be willing to talk to him one on one about my concerns and I how I can support the both of you through his recovery and your seperation"

[thedutchgirl]

Well, an affidavit should describe her own first-hand knowledge, so it is appropriate that it isn't written for her. If she's not comfortable, she should say so. If she submits an affidavit, it would open her up to having to testify at a hearing or trial.

[Mrs.Beagle]

I'd stay far, far, far away from this.

[Deleted]

Sept 26, 2012 11:25:15 GMT -5 Mrs.Beagle said:

I'd stay far, far, far away from this.

The more I think about it the better this advice sounds. I am also friends with the couple and very happy they didnt ask me to do this. I have been witness as well to the periods my friend is being asked to write about and it would make me extreamly uncomfotable.

I think my advice is going to be to stay out of it but if she must be in it then remain very factual and only write what she would be willing to testify in front of him.

[Deleted]

Sept 26, 2012 11:33:45 GMT -5 @ffbride0813 said:

Sept 26, 2012 11:25:15 GMT -5 Mrs.Beagle said:

I'd stay far, far, far away from this.

The more I think about it the better this advice sounds. I am also friends with the couple and very happy they didnt ask me to do this. I have been witness as well to the periods my friend is being asked to write about and it would make me extreamly uncomfotable.

I think my advice is going to be to stay out of it but if she must be in it then remain very factual and only write what she would be willing to testify in front of him.

I think this is a good approach.

[thedutchgirl]

I think your proposed approach makes sense.

[Deleted]

I'm a divorce attorney and have people do witness affidavits all the time. I've never had anyone consult an attorney. It's in lieu of giving testimony to the court, so not doing it could result in a subpoena to give in person testimony. I would suggest that your friend ask for the contact information of the attorney who represents her friend so she can ask some questions and understand the process.