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To: Publius

It wouldn’t matter. Just because you get divorced doesn’t allow a spouse to testify against marital privilege.


8 posted on 03/25/2017 6:12:13 PM PDT by nickcarraway
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To: nickcarraway
Just because you get divorced doesn’t allow a spouse to testify against marital privilege.

Incorrectly stated. A spouse is allowed to testify against their spouse. The state is not allowed to force them to do it.

30 posted on 03/25/2017 6:28:04 PM PDT by Hugin (Conservatism without Nationalism is a fraud.)
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To: nickcarraway
Yes it does, in fact if they had a formal signed separation that privilege it is gone. Just saw this on a old Law & Order show yesterday. And if you divorce it is long gone!!!!!!!
61 posted on 03/25/2017 7:50:57 PM PDT by Captain Peter Blood
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To: nickcarraway

Wrong.

“The spousal testimonial privilege which applies only in criminal cases lasts only as long as the marriage does. Additionally, the privilege belongs to the spouse who is being asked to testify. Once a couple divorces, a former spouse can no longer invoke the privilege to avoid testifying in a criminal case, and the other spouse cannot assert the privilege to prevent that testimony from being admitted into evidence on the basis of the privilege.”

http://clementlaw.com/divorce/spousal-privilege-what-is-it-and-what-happens-to-it-after-divorce/


65 posted on 03/25/2017 8:13:12 PM PDT by bimboeruption (Extremism in the defense of liberty is no vice. Moderation in the pursuit of justice is no virtue.)
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