If you are subpoenaed to testify against a spouse but at the time the crime was committed you were not married, can you refuse to appear?

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If you are subpoenaed to testify against a spouse but at the time the crime was committed you were not married, can you refuse to appear?

Asked on August 4, 2017 under Criminal Law, Nebraska

Answers:

M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney

Answered 4 years ago | Contributor

Typically, marital privilege only applies to communication between a couple while they were married. Any communication made before the couple married or after they divorce is not protected. However, after divorcing, one person can still be kept from testifying about confidential communications with their ex-spouse that occurred while they were married.

M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney

Answered 4 years ago | Contributor

Typically, marital privilege only applies to communication between a couple while they were married. Any communication made before the couple married or after they divorce is not protected. However, after divorcing, one person can still be kept from testifying about confidential communications with their ex-spouse that occurred while they were married.


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