Criminal law after marriage

  • Can a married woman marry another man?

    The individual committing bigamy, which is a second marriage without divorce, will be held accountable under sections 494 and 485 of the Indian Penal Code.
    This is stated in section 17 of the Hindu Marriage Act of 1955.
    It is a criminal charge and offence under that person's name, as this is a prohibited relationship..

  • Can a wife testify against her husband in New York?

    CPLR 4512, the modern statutory abrogation of the common-law rule, provides that except as otherwise expressly proscribed, no person shall be excluded or excused from being a witness as the spouse of a party.
    CPLR 4502 is an express proscription on when a spouse may testify against the other..

  • Can a wife testify against her husband in the state of Virginia?

    In criminal cases, persons married to each other shall be allowed, and, subject to the rules of evidence governing other witnesses, may be compelled to testify in behalf of each other, but neither shall be compelled to be called as a witness against the other, except (i) in the case of a prosecution for an offense .

  • Is bigamy a crime in the US?

    In the United States, bigamy is a criminal offense in all 50 states.
    Individual state laws decide, however, if the offense is considered a felony or a misdemeanor..

  • What is the marital disqualification rule?

    In criminal proceedings, a spouse cannot be compelled to testify at trial against the other spouse.
    The privilege against testifying is solely within the spouse's province.
    The spouse may waive the privilege and testify if he or she so chooses..

  • CPLR 4512, the modern statutory abrogation of the common-law rule, provides that except as otherwise expressly proscribed, no person shall be excluded or excused from being a witness as the spouse of a party.
    CPLR 4502 is an express proscription on when a spouse may testify against the other.
  • Key Takeaways.
    The elements of a crime are criminal act, criminal intent, concurrence, causation, harm, and attendant circumstances.
  • Spousal privilege is a unique device that is exclusive to married couples.
    In Florida, a spouse cannot be asked to testify against her spouse in a criminal proceeding, but there are exceptions to the rule.
In the Court of Criminal Appeal in England it has been said that the basis of the accessory rule in favour of wives is the presumption of coercion, and that 
S. 20: Crimes Act (Amendment) Act 1924 (N.S.W.) S. 17: Criminal. Justice Act 1925 (Eng.) S. 47: 
Throughout the history of Anglo-American law the existence of the marital relationship has- affected the disposition of 'criminal cases' by making.

Can a spouse testify in a criminal case?

In criminal cases, the spouse of a criminal defendant who is called as a witness by the prosecution may choose to testify but cannot be compelled to testify against his or her spouse about events that occurred before and during the marriage.
While the privilege can be waived by the witness spouse, even if the defendant spouse objects.

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Certifying The Marriage

Remember all the trouble you had to go through getting a marriage license.
That was just the first part.
Now that you've said your vows, you need to file the marriage certificate to make it all official with the state.
State laws on deadlines can vary, but if you had a wedding at the courthouse you can probably file at the same time.

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Changing Your Name

Taking a spouse's last name is not legally required, but many people still follow the tradition, and it can make future paperwork a bit easier.
If you do decide to change your last name, keep in mind that some entities may ask for certain verification, so may help to start with places like your social security card and driver's license before movin.

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Does marriage have a spousal privilege?

Marriage has its privileges.
But "privilege" has a special meaning under the law:

  • protection from being forced to testify about communications between yourself and a person with whom you have a special relationship
  • such as :
  • a spouse.
    However, the spousal privilege is not absolute and comes with several exceptions and conditions.
  • ,

    Is marriage fraud a crime?

    Marriage fraud is a serious crime that weakens our nation’s security and makes us less safe.
    Participating in marriage fraud can result in imprisonment of up to five years for those involved.
    Marriage fraud is a threat to U.S. national security, financial institutions and the integrity of the immigration system.

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    Rewriting Your Will

    Even young people need a will, and if you don't have one yet, now's the time to write one.
    It may seem macabre coming after such a wonderful wedding day, but a will provides peace of mind and guidance through the toughest of times.

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    Updating Your Policies

    Some of this happens before the marriage, but you will probably need to update your life insurance policy, auto insurance policy, and your health insurance coverage to include both you and your spouse.
    These are fairly simple procedures, but bear in mind that adding coverage may increase costs.

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    When does marital privilege not apply?

    Marital privilege does not apply if 1) the private communication is revealed to third parties, 2) one spouse is suing the other (e.g., divorce), or 3) when one spouse is charged with a crime against the other or their children (e.g., domestic violence or abuse ).


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