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Does the fifth amendment privilege extend to a civil case, such as my divorce if for example my wife’s lawyer asks me if I failed to report and pay taxes on cash that I earned in my business ?

April 26, 2017Amendment Case Civil divorce EXTEND Fifth Lawyer privilege wife

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Does the fifth amendment privilege extend to a civil case, such as my divorce if for example my wife’s lawyer asks me if I failed to report and pay taxes on cash that I earned in my business ?

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A Yes you are entitled to assert the fifth amendment in a civil case. You need not testify. However, the Court (the judge or the jury) can draw and adverse inference and, for example, conclude that there is extra cash available to pay alimony.