I am going through a custody battle with my ex girlfriend. My wife of 2 years just filed a divorce on me stating I'm abusive. Can she testify against me for my ex girlfriend while we are still married? *I found outmy wife was running a prostitution ring.

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• Not applicable. The husband and wife will be adversaries in a divorce proceeding and wife may certainly bring in testimony regarding adultery and abuse.

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  by Thriftymaid on August 15th, 2009

• What is not applicable? And I would suggest you re-read the question and my answer before you answer this question.

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  by Anonymous on August 16th, 2009

• Both the marital confidences privilege and the spousal testimonial privilege are suspended during a divorce proceeding as well as a custody proceeding.

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  by Thriftymaid on August 16th, 2009

• Let me guess: you are a paralegal, law student, or possibly a new attorney? I say this because, based on looking through your answers, you obviously have some legal knowledge. However, you often make two major errors: 1) you recite law without applying the facts, and 2) you cite general principles of law as universal black letter law.
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  The question at hand deals with custody dispute involving a child outside of the marriage. Although the state I practice in has an exception for all custody disputes, some states only have an exception for disputes among the spouses. Thus, although your conclusion may be correct in some state, it would be incorrect in others. Which, by the way, is why I prefaced my answer with “[t]his depends on what privileges your state has.”

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  by Anonymous on August 17th, 2009

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