Do I have to testify?

Question

I recently asked a question, I was told that if I divorce my husband, I would not have to testify against him. If I file for legal seperation, do the same rules and laws apply wether or not I have to testify? Remember I live in California...Thanks

Answer 1

I believe I saw your prior question, and you were told that if you got a divorce you WOULD have to testify against your husband. As discussed below, as far as one privilege goes that is correct.

One of the reasons you are getting odd answers here is that people are unfamiliar with California law. There are TWO privileges which are at issue here. One is the privilege of a spouse to protect confidential communications. A spouse can object to the disclosure of confidential communications made during a marriage. This is true whether or not the marriage is over, but concerns only communications intended to be confidential (i.e., only between the husband and wife).

The other privilege is that not to be called as a witness. A married person can object to being called as a witness against a spouse, but ONLY the person being called as a witness can object. That privilege does NOT apply if the marriage has been terminated, but would apply during a separation.

By the way, neither of these privileges applies in some situations, such as a crime by one spouse against the other (like domestic violence).

Answer 2

It depends on the situation. While you could still be called to testify, you will be protected by the marital confidences privilege. Basically what this says is that a court can not ask someone to testify about confidential communications made during marriage. A communication is confidential if:
1) No third party was present during the communication AND
2) Both parties intended the communication to be confidential.

If a communication is deemed confidential and one of the spouses invokes this privilege (either you or him object to you testifying about it) then you do not have to testify about it. This applies to any communication made while you where married, even if you get legally separated or divorced (but anything communication that took place before or after you where divorced are not protected). Please note that this is suspended during divorce and custody hearings, when one spouse is accused of a crime against the other or their child, and other select instances. For more info, wikipedia has an excellent overview of spousal privilege at http://en.wikipedia.org/wiki/Spousal_privilege

Answer 3

I think you are getting bad advice, who gave you that information? Hopefully not your attorney. For married couples they have a "pillowtalk rule". Anything shared in confidence between a husband and wife does not have to be disclosed, similar to a client/doctor confidentiality agreement.

Get yourself a lawyer, not a divorce lawyer because he would probably tell you that just to get you to get a divorce(lawyers are hungry). But in the mean time hold of on any divroce or seperation until you get GOOD legal advice.

Good Luck!

Answer 4

A divorce is a civil matter, so technically, you lawyer and his lawyer run the show. So, unless you want to be questioned about you soon to be ex, then tell your attorney you do not wish to do this. I am sure that his attorney will not object to this. Especially if what you would have to say would make their client look bad.

Actually, most divorces do not even go to trial. If you can settle this out of court, it is better. And, it is much cheaper to do it this way.

Answer 5

If California has a spousal exception law than you can probably refuse to testify to anything you wre privy to while you were married to him. (Confirm this info with a local lawyer in your jurisdiction)

Answer 6

That is the best one I have heard yet. I have yet to meet a good lawyer. The one I had for my divorce insulted me and charged me outrageous fees to do unnecessary tasks.I love any joke that shows them in their true colors.

Answer 7

If he did something wrong, that you don't agree with, then I don't think you should not testify. Testify if he did something illegal and feed him to the dogs.