Legal Question in Criminal Law in Texas

In the state of Texas does the husband-wife privilege apply even in an informal marriage? If so how would a spouse refuse to testify against the other spouse? If the spouse has received a subpoena to testify on behalf of the state how would they refuse to testify on behalf of the state? I would like to get the steps needed to refuse to testify on behalf of the state.


Asked on 11/06/12, 2:33 am

1 Answer from Attorneys

TC Langford Langford Law Office

Yes, a valid informal marriage carries the same rights and responsibilities as a formal marriage. Your best alternative at this juncture is to have a conversation with your husband's attorney. If there is no conflict of interest, (I suspect there is) he will be able to counsel you. If there is conflict, he will recommend an attorney for you to consult.

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Answered on 11/06/12, 3:33 am


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