Can a husband or wife be forced to testify against his or her spouse?
• A: It depends on the laws of the state where the trial is being held. Some states prohibit a spouse from testifying against the other spouse without consent. Other states let the spouse choose whether or not to testify. The laws prohibiting a spouse from testifying without consent were designed to protect the sanctity of marriage and ensure that spousal communication and actions would be protected as privileged. The law also varies in regards as to whether a former spouse may testify against the other spouse.