Divorce Professionals | Divorce Articles | Divorce FAQs | Online Forum | Divorce Resources | Advertise

Divorce Polls  |  Blogs  |  Magazine Subscription  |  Free eNewsletter  |  Web Links  |  Contact
Find a Professional
Find a divorce lawyer, mediator, accountant, Certified Divorce Financial Analyst, therapist and more...
To advertise with us call our toll free number 877-493-1650 or Click Here

Share

This site sponsored by:
Finanical Solution for Women San Diego Mediation Center - Julia Garwood divorce detox, california california family lawyer
California Divorce FAQ, California Divorce Lawyer
< previous page
SECTIONNote that information given in this section cannot take the place of independant legal or financial divorce advice. Please read our disclaimer.

"Is it true that whatever my spouse and I discuss during one-on-one negotiations cannot be used against me in court? I hear that's covered by 'spousal privilege.'"

The issue of the inadmissibility of negotiations and "spousal privilege" are like apples and oranges.

There is a general premise that settlement discussions are not admissible for the purposes of proving potential liability. Therefore, you cannot use in court a statement by your spouse that he or she was willing to take X dollars when you were negotiating, to support your position on an issue. The purpose is to encourage people to engage in settlement discussions without worrying that such statements may be used against them in court.

The "spousal privilege," however, is a different subject and usually does not apply in family-law cases.

Generally, California family law allows one party not to testify to the detriment of the other spouse when the latter is involved in a lawsuit. The "privilege" of not testifying against your spouse clearly has a major exception. In a proceeding brought by or on behalf of one spouse against the other, there is no marital privilege. Therefore, one spouse can testify against the other spouse in a dissolution proceeding.  Even communications between the spouses during the marriage are admissible.

Negotiations may be admissible in the dissolution proceedings when determining the issue of attorney's fees. The court can look at the negotiation positions of the parties pursuant to Family Code Section 271.


Mark P. Gross is a divorce attorney and a founding partner in the Sherman Oaks-based firm of Brot & Gross. He appears in all of the family-law branch courts of Los Angeles County and Ventura County.


Celebrity Divorce
Kenny G, Smooth Musician Having Rocky Divorce
A Brand New Market: Katy Perry and Russell Brand Go Solo
Seattle Mariners' Chris Larson and Wife Julia Calhoun

More Celebrity News

Follow us on twitter Follow us on facebook Follow us on LnkedIN Follow us on our blog

FREE Divorce Teleseminars
To Educate and Empower
Divorce People

Tuesday, February 14
at 8 pm to 8:30 EST
Preparing for Divorce Mediation - 5 Steps of Negotiation Power to get what you want
Learn More

Listen to podcasts of previous TeleSeminars.