In California, spouses cannot be forced to testify against one-another except under very specific circumstances.
The communications privilege means that your husband or wife can't be forced to testify against you under oath. Depending on how long your marriage lasts, that can be a lot of privileged information. A spouse may, however, waive the privilege and allow their spouse to testify.
There are important exceptions to the privilege. In California, some exceptions to the privilege include a proceeding brought by one spouse against the other spouse (like a divorce), bigamy cases, criminal cases where one spouse is charged with a crime against the person or property of the other spouse, or criminal allegations of failure to pay child and spousal support.
In order for the privilege to apply, the communication must have been made "in confidence" between spouses while they are married. The basic idea is that spouses should be free to communicate without fearing that what they say to each will be used against them in court. The privilege reflects a long-held belief that communications between spouses are private and should remain so unless there is an especially compelling reason for the government to intervene.
Family law is too often associated with tearing families apart. The marital communications privilege is designed to help marriages by keeping private much of what spouses say to each other. For more information on the spousal privilege, consult your attorney and also see California Evidence Code sections 970 through 973 and 980 through 987.
Facebook is Fair Game in Court
Unlike much of what spouses say to each other during the course of a marriage, written internet messages are generally admissible in court.
Social media is such a burgeoning communication platform, more American every year are incriminating themselves on the internet without knowing it.
You have zero privilege, regardless if you are married when you write Facebook messages or tweets. This is because messages on the internet often come with no assumptions of privacy.
Regardless of where you stand with your family matters, it is generally a good idea for everyone to triple-check the rhetoric being used in their e-mails before sending them to anyone of importance.
Most people have gone through the embarrassment of hitting "send" by mistake, or CC-ing the wrong person. But in a family law setting, internet evidence never gets deleted and can be very damaging.
So if you want to keep something between you and your spouse private, talk about it but don't blast it on the Internet.
Sincerely,
Evan Sussman
Certified Family Law Specialist
Sussman & Associates
www.sussmanlawfirm.com
[Note from HandelontheLaw.com: This article is to be used as an educational guide only and should not be interpreted as a legal consultation. Readers of this article are advised to seek an attorney if a legal consultation is needed. Laws may vary by state and are subject to change, thus the accuracy of this information can not be guaranteed. Readers act on this information solely at their own risk. Neither HandelontheLaw.com, or any of its affiliates, shall have any liability stemming from this article.]
