ABA Family Legal Guide

Family Law

Marriage

Duties of Marriage

Can spouses testify against each other in court?

Yes. Husbands and wives routinely testify against each other in divorce cases. There is an old rule that husbands and wives cannot testify about communications made between them during the marriage. Although the rule may be applied in some circumstances, it generally does not apply if the husband and wife are involved in a lawsuit against each other.