NEW JERSEY DIVORCE : ANNULMENT & THE 5th AMENDMENT

In husband's appeal of the New Jersey divorce judge's order granting a dual New Jersey judgment of divorce and dismissing his claim for an annulment, the judge erred in suggesting and then allowing wife to assert her 5th Amendment privilege against self-incrimination because her testimony was also being given in support of her counterclaim for divorce. By testifying, wife waived any protection afforded by the privilege. Additionally, she improperly asserted the privilege because she failed to show she faced potential criminal prosecution based on her testimony. By doing so, the judge permitted her to avoid meaningful cross-examination by husband on the issue of the validity of the marriage, the ultimate issue in the case.        Attor v. Attor, ___ N.J. Super. ___(App. Div. 2006); New Jersey App. Div.; April 6, 2006