Section 19.47 Self-Incrimination

• Library: Family Law Deskbook and 2014 Supp

XII. (§19.47) Self-Incrimination

A party has the right to invoke the Fifth Amendment in response to discovery requests but in so doing can forfeit the right to affirmative relief, which includes maintenance, attorney fees, and expenses. Johnson v. Mo. Bd. of Nursing Adm’rs, 130 S.W.3d 619 (Mo. App. W.D. 2004); Sparks v. Sparks, 768 S.W.2d 563 (Mo. App. E.D. 1989). The invocation of the Fifth Amendment is not considered a forfeiture of the right to affirmative relief in the matter of property division...