Can I be compelled to testify against my common-law husband in a state that doesn't have common law marriage?

Question

I live in a state that has common-law marriage. My common-law husband is charged with a third degree felony right now in FL. I am being summoned to court and don't want to testify against him. I have lived with him 7 years and we have joint property and checking accounts. I'm trying to contact an attorney, the hearing is Wednesday.

Answer 1

Yes - you can refuse any question that might incriminate you as well by pleading the 5th but I would talk to an attorney before you are called to testify. Good Luck!

Answer 2

It really depends on the state. Some states recognize a marital privilege. But this only applies to people who are in fact married and it may differ from state to state on whether or not common law marriage is a part of this.

You may also have a marital privilege in things actually said to you, but again this would depend on the state on whether or not common law will be recognized.

You say your state does not have common law marriage so there is probably no privilege in communications or even in a total privilege in testifying.

Answer 3

If your state does not recognize common law marriage, then there is probably no privilege. What you can do, is simply refuse to answer any question which might tend to incriminate you. You can also simply remain silent if you are put on the stand and not say anything, but if you go that route be prepared to be charged with civil contempt which could land you in custody.

Answer 4

If the state doesn't recognize common law marriage, then you can't have a common law husband.

Typically privilege only applies to communications between specific classes of people. i.e. spouses, doctor/patient, priest/penitent.

If you're not married, you hold no privilege. Even if you were to get married now, you would not hold any privilege because the privilege must have existed at the time of the communication.

Answer 5

I want to hear the story behind this.