0
Can a husband testify against his wife in a civil suit for his mistress?
Wiki User
∙ 14y ago
Yes, she can.
The marital confidences privilege (or marital communications privilege) is a form of privileged communication protecting the contents of confidential communications between a married couple. This privilege applies in civil and criminal cases. When applied, a court may not compel one spouse to testify against the other concerning confidential communications made during marriage.
The privilege generally applies only where both of the following fact situations are present: (1) a third party was not present during the communication (the presence of a third party would destroy the confidential nature of the communication), and (2) both parties intended that the communication be confidential.
The privilege is usually restricted to confidential communications made during marriage and does not include communications made before the marriage or after divorce. The privilege does, however, generally survive the divorce; that is, a person can be prevented from testifying about confidential communications with an ex-spouse made during the marriage.
Either spouse can invoke this privilege, either refusing to testify against their spouse or preventing their spouse from testifying. Finally, courts may require that the communication relate specifically to the marriage.
ADDITIONAL; Short answer - - - if they are divorced they are no longer married - she is no longer a "wife" - and the spousal privilege no longer applies.
Wiki User
∙ 12y ago
Add your answer:
Earn +20 pts
Can you sue your husbands mistress in AZ?
Your husband's mistress does not have a contract with you. Rather, she is a citizen who was no doubt told by your husband that he was leaving you. If anyone had a suit, she might have one against him. For that matter, you have one against him, also. A divorce is a civil suit.
Can a husband choose to not testify against his mate in Washington state?
A spouse or civil partner of a defendant is almost always considered a competent witness for either side, and may choose to testify for or against their spouse. A defendant may, when relevant, compel their spouse or civil partner to testify on their behalf. The prosecution however, may only compel the testimony of the defendant's spouse or civil partner in cases of domestic abuse or violence or sexual offences towards persons under 16. When the spouse or civil partner is a co-defendant to the charges, they may not be compelled to testify. ~wikipedia.org/wiki/Spousal_privilege
Can a person be made to testify on a domestic charge against their will on a civil case?
You would have to appear in court if summoned. You can plead the Fifth Amendment if asked to testify.
Can a wife file civil suit against her husbands mistress in the state of Minnesota?
It depends on the circumstance. Filing a suit simply because the mistress engaged in an affair will most likely fail in a courtroom. A judge is more likely to hold the married individual (the husband, in this case) more responsible than the mistress, considering that the married individual broke a contract (the contract being the marriage) and the mistress did not (assuming the mistress is not married).
Do you have to answer questions in court about a civil matter if you know the information you give can be used against your husband?
No you dont its called Spousal privilege which comprises two parts:Part One:::The marital confidences privilege (or marital communications privilege) is a form of privileged communication protecting the contents of confidential communications between a married couple. This privilege applies in civil and criminal cases. When applied, a court may not compel one spouse to testify against the other concerning confidential communications made during marriage.Part Two:::The spousal testimonial privilege (or spousal immunity) can be used to prevent any party in a civil/criminal case from calling the defendant's spouse to testify against the defendant about any topic.
If a civil suit judgment is against the husband is the wife liable for any of the payment?
A civil suit judgment is against the person who is named in the lawsuit. Unless there are extenuating circumstances, the wife would not be liable for the payment.
Can you file a civil lawsuit against your husbands mistress for value of gifts she received from your husband?
You could try, but chances are it isn't going to get anywhere. Gifts are just that, gifts. Though you knew nothing about them at the time, they were given by your husband. If your husband is deceased, the estate may be able to retrieve gifts given in the last couple of years. Consult an attorney in your area, but chances are there won't be a case. Added: If you sue your husband for divorce, you would probably be able to get some sort of compensation for the gifts in the divorce settlement.
What university was named after a mistress on a plantation during the civil war?
The University of Mississippi was named after an old mistress. "Ole Miss"
If your case is closed can a social worker testify against you in criminal court if the civil case is closed?
In the US the prosecution may call anyone who can give testimony or expert evidence. This would include a social worker who may have been involved in a civil case.
In a civil contempt case where the husband is the plaintiff and states his wife has been receiveing emails from the defendant does the wife have to be present in court to testify?
Contempt case? I am not familiar with any law suit by that name. I would hope that the defendant had been required to produce the emails in the discovery phase of the law suit. Or the husband had been smart enough to provide them.
Is it a constitutional right for a defendant in a civil trial not to be compelled to testify?
Yes. If he chooses not to testify, that is his right. The strategy being; that if he does not give 'direct' testimony, he then avoids being available to the plaintiff's attorney for "cross-examination."
Do you have to testify if you get a subpoena?
A spouse may not be forced to testify against their spouse in criminal proceedings. In divorce court, however, spouses typically tear each other to shreds, which can cause lasting psychological damage. That's why most divorces are now "no-fault" procedures, except in cases where large amounts of money and property are being contested.
