Legal Question in Family Law in Georgia

criminal testimony following divorce

I would like to get divorced. My husband is in the beginnings of a criminal trial. If we divorce or legally separate, can I be compelled to testify against him?


Asked on 9/04/05, 10:36 am

1 Answer from Attorneys
Glen Ashman Ashman Law Office also dba Glen Ashman Attorney

Re: criminal testimony following divorce

�Husband and wife shall be competent but shall not be compellable to give evidence in any criminal proceeding for or against each other.� Ga. Code Ann. $24-9-23.

That priviledge expires with a divorce. There is technically no "legal separation" in Georgia (although there is separate maintenance to seek support), so that part of your question doesn't apply.

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Answered on 9/04/05, 10:46 am


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