You can refuse to answer a question at your Georgia divorce trial when a truthful answer might expose you to criminal charges.
How Far the Privilege Reaches
In U-Haul Co. of Arizona v. Rutland, 348 Ga. App. 738 (2019), the Court of Appeals explained that the privilege under OCGA 24-5-505(a) reaches “not only … those answers that would support a conviction, but also … answers creating a ‘real and appreciable’ danger of establishing a link in the chain of evidence needed to prosecute.” The judge decides whether the claim is good by looking at “the implications of the question, in the setting in which it is asked.”
Silence Earlier Can Keep You Off the Stand
In Groover v. Groover, 279 Ga. 507 (2005), a husband asserted the privilege at his deposition when asked about a ten-year affair. Before trial the judge ruled that to waive the privilege he would have to sit for a deposition on the subject. He declined, then invoked the privilege again at trial. The Georgia Supreme Court rejected his complaint that his testimony had been improperly excluded, holding that the trial court “did not prevent Husband from testifying about his adultery.” So refusing to answer in discovery can cost you the chance to give your version at trial.
Waiving It Once Does Not Waive It Forever
In Mallin v. Mallin, 227 Ga. 833 (1971), the Georgia Supreme Court held that “[o]n a second trial a party may decline to give evidence which would tend to incriminate him, notwithstanding the fact that at a previous trial of the case he waived his privilege of remaining silent as to these matters.” U-Haul applied that rule, adding that a waiver of the privilege “is not lightly to be inferred.”
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This post is a quick overview of the law and is not intended as legal advice. Please feel free to contact our office for a consultation if you have questions about this or any other legal aspects regarding your case!