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May wives and husbands sue each other?
Yes. They can sue each other, of course, in connection with a divorce. They also usually can
sue each other in connection with financial deals in which one may have cheated the other. A
growing number of states also will allow one spouse to sue the other for deliberate personal
injuries, such as those suffered in a beating. Some husbands and wives may try to sue each
other in connection with an auto accident in which one of them, as the driver, accidentally
causes injury to the other, who was a passenger. In effect, the person suing may be trying to
collect money from an insurance company rather from the person's spouse. Many states do not
allow such lawsuits.
Can a husband or wife testify against each other in court?
Yes. Husbands and wives routinely testify against each other in divorce cases. There is an
old rule of law in many states that husbands and wives cannot testify about communications
between themselves made 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.
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