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Bum-Marriage Doctrine: What It Means for Legal Privileges in Marriage
Definition & Meaning
The Bum-Marriage Doctrine, also known as the viability doctrine, is a legal principle that states a marital witness privilege cannot be claimed by a spouse in a marriage that is effectively nonviable, even if it remains legally recognized. This doctrine allows courts to examine the actual state of a marriage to determine whether the protection offered by marital privileges is outweighed by the need for evidence in legal proceedings.
Table of content
Legal Use & context
The Bum-Marriage Doctrine is primarily used in family law, particularly in cases involving divorce or custody disputes. It can also appear in civil cases where marital privilege might be invoked. Understanding this doctrine can help individuals navigate legal situations where the status of their marriage may impact their ability to assert certain privileges. Users can find legal templates and forms related to family law on platforms like US Legal Forms to assist in managing their cases effectively.
Key legal elements
Real-world examples
Here are a couple of examples of abatement:
Example 1: In a divorce case, one spouse attempts to prevent the other from using certain communications as evidence by claiming marital privilege. However, if the court determines that the marriage is effectively over, the privilege may not apply.
Example 2: A partner in a long-term relationship seeks to assert marital privilege in a civil lawsuit. If the court finds that the relationship has deteriorated significantly, the privilege may be disregarded. (hypothetical example)
State-by-state differences
State
Application of Bum-Marriage Doctrine
California
Recognizes the doctrine in divorce proceedings.
New York
Applies the doctrine in certain civil cases.
Texas
Considers the state of marriage in privilege claims.
This is not a complete list. State laws vary, and users should consult local rules for specific guidance.
Comparison with related terms
Term
Definition
Difference
Marital Privilege
The right to refuse to disclose communications made during marriage.
Applies only when the marriage is viable.
Viability Doctrine
Similar to the Bum-Marriage Doctrine; focuses on the state of the marriage.
More broadly applied in various legal contexts.
Common misunderstandings
What to do if this term applies to you
If you believe the Bum-Marriage Doctrine applies to your situation, consider the following steps:
Consult with a family law attorney to understand your rights and options.
Gather any relevant evidence that may support your case.
Explore legal form templates on US Legal Forms to assist in filing necessary documents.
For complex matters, seeking professional legal help is advisable.
Find the legal form that fits your case
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