Can You Plead The Fifth Amendment In An Adultery Case?

oklahoma city divorce lawyerQuestion:

A woman I had an affair with is getting a divorce. She told me I am going to be summoned for deposition to testify about the infidelity.

May I invoke my Fifth Amendment rights or will I have to answer these intimate questions?


I am unable to give you legal advice on divorce. I can give general divorce help for men, though, my knowledge is based on Oklahoma divorce laws where I am licensed to practice.

Where I practice, adultery is still a criminal offense and therefore affords all of the constitutional rights of any criminal offense.

If adultery is a criminal offense in your state then you can claim the Fifth Amendment privilege. However, if it is not a criminal offense then no privilege exists.

Infidelity Articles:

How Affairs Affect Divorce

Remember, I am unable to provide you with anything more than divorce tips for men, so please consult with a divorce lawyer in your jurisdiction.

To arrange an initial consultation to discuss divorce rights for men with a Cordell & Cordell attorney, including Oklahoma Divorce Lawyer Kristy Kapp, contact Cordell & Cordell.

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