While it is often thought that the marital privilege prohibits a spouse from testifying at all against, or relating to communications with, the other spouse, there are a number of well-accepted limitations on the scope and application of this statutory privilege.
Spousal Privilege Does Not Apply to Criminal Behavior
While it is often thought that the marital privilege prohibits a spouse from testifying at all against, or relating to communications with, the other spouse, there are a number of well-accepted limitations on the scope and application of this statutory privilege. Based on long-standing exceptions and limitations, the privilege is often unavailable in many contexts in both criminal and commercial litigation.
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