Information AboutSpousal Privilege |
| CATEGORIES ABOUT SPOUSAL PRIVILEGE | |
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The spousal privilege, also known as the '''marital communication privilege''' or '''marital privilege''', is a form of Privileged Communication protecting the contents of communications between Husband and Wife . When applied, a Court may not force one spouse to Testify against the other. The privilege is usually restricted to communications made during Marriage and does not include communications made after Divorce . In addition, courts usually do not permit an Adverse Spouse to invoke the privilege during a Trial initiated by the other spouse or in the case of Domestic Abuse . Finally, courts may require that the communication relate specifically to communications about the marriage. Some courts distinguish between spousal privilege and marital communication. The distinction usually means that spousal privilege prevents one spouse from calling the other to testify to the detriment of the marital unit--this may occur in Divorce proceedings or Child Custody disputes. Marital communication refers to the more general privilege. Marital privilege is based on the policy of encouraging spousal harmony. |
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