During a civil lawsuit, one spouse seeks to compel the other spouse to testify about confidential conversations they shared during their marriage. Which privilege protects the spouse from disclosing the contents of these private communications?
Marital communications privilege specifically protects confidential communications between spouses made during the marriage from being disclosed in court. Unlike spousal testimonial privilege, which relates to refusing to testify against a spouse, marital communications privilege focuses on the confidentiality of the communications themselves.
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What is the difference between the marital communications privilege and the spousal testimonial privilege?
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Does the marital communications privilege apply if the spouses are divorced at the time of the trial?
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