Husband-wife privilege applies only to confidential communications, not to observations that could have been made by a third party.
Exceptions to attorney/client privilege for future crimes and physical evidence as opposed to communications.
Marital communication privilege does not protect communication between a man and a woman made before marriage.
Marital privilege criticized.
A witness spouse alone has the privilege to refuse to testify adversely and may be neither compelled to testify nor foreclosed from testifying.
Filing custody suit and submitting to court-ordered psychological examination and introduction of the psychological report doe not constitute waiver of physician-patient privilege and mandate testimony of wife’s treating physician.
Marital counseling records of custodial father and his second wife are discoverable. Second wife’s mental health is relevant to the best interests of the children.
Mother’s psychiatric records not discoverable as such an order would violate psychotherapist-patient privilege. Mental condition not put at issue by asking for custody.
Husband-wife privilege is waived by subsequent disclosure.
No marital privilege for spouses who are agents in illegal transactions.