[dan221]

My attorney sent my soon to be ex-wife attorney a list of questions that he wanted my wife to answer. Our case is scheduled for court in mid October. My wife’s attorney called her into her office and had my wife to answer these questions. My wife chose to plead the 5 th when asked about her drug use and adultery. The other questions she has lied on most of them and I can prove her lies because of my recordings between us that she has no clue about (Alabama).
My wife has admit to me about her past affairs, my wife was in drug rehab from 4/25/07 – 07/21/07. My question is what can I do since she has pleaded the 5th on her drug use and adultery?

[ScottGem]

You are allowed to impeach a witness. She can plead the 5th on the drug stuff because there are criminal statutes that she might have violated. Not sure about the adultery stuff unless adultery is illegal in your area.

Bottomline though, if she wants to plead the 5th she can. Unless you have separate prooof, you can do nothing.

[dan221]

I have her on recording talking about some pills she has been taking. My attorney has also asked for her medical records from rehab.

[ScottGem]

Was the recording made with her knowledge? If not, depending on your state, it may not be admissible. You need to discuss this with your attorney.

I wonder, though, what bearing this has on the divorce?

[dan221]

I can record in Alabama. The reason for this question is for our custody case. My kids (5&7) caught her in bed with her 22 year old drug dealer one morning. Once she got into rehab she started another relationship with a male patient there. She told me that he tried to commit suicide while in rehab. This is not the kind of man I want my kids around. Each time she received a pass out of rehab she chose to go see him instead of her on kids. I have temp. custody of our children at this time. I found out also while she was in rehab she took our kids to school late 87 time this past year.

[ScottGem]

I think you probably have enough evidence, but you can't force her to incriminate herself. However, I'm sure a judge will take that all into account.

[s_cianci]

Actually, pleading the 5th protects one against self-incrimination in a criminal proceeding. Since your ex-to-be is not charged with any crime I don't know if the 5th amendment even applies. I would think that, unless advised to the contrary, any statements she'd make in a civil deposition could not be used as evidence against her in any future criminal proceedings.