United States:
In Divorce Law, As In Life, Privileges Count
30 September 2015
Burns & Levinson LLP
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Privileges in litigation are important tools they generally mean
information can be withheld from the other side and the court
because the privilege exists.
In matrimonial litigation (I love big words) a frequently
invoked privilege is really a
disqualification which means that private conversations between
spouses can stay private. Other frequently used privileges
are the patient-psychotherapist privilege and the
lawyer-client privilege, both of which are designed to keep
confidential communications confidential.
Another frequently used privilege, but not one that is often
talked about, is the "Common Interest Privilege," about
which my talented colleague
Andrea Dunbar has written a post.
The content of this article is intended to provide a general
guide to the subject matter. Specialist advice should be sought
about your specific circumstances.
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