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Florida

Can the 2nd wife, who has now filed for dissolution from the mutual exhusband, testify at the 1st exwife's trial for modification of custody to say that she did witness the exhusband neglecting most needs of the 1st wife's minor children?
As Xena points out, the Judge is the ultimate decider on spousal testimony, admissable or not.

This USSC outlined the spousal communications privilege concerning the federal rules of evidence, and in footnote 9 it has a state list, "at the time of the decision", on the status of such privilege.

http://supreme.justia.com/us/445/40/case.html

fn 9: The remaining 17 States have abolished the privilege in criminal cases: see Ariz.Rev.Stat.Ann. § 12-2231 (Supp. 1978); Ark.Stat.Ann. § 28101, Rules 501 and 504 (1979); Del.Code Ann., Tit. 11, § 3502 (1975); Fla.Stat. §§ 90.501, 90.504 (1979)..................

Here is FL's current law:

http://www.leg.state.fl.us/Statutes/...20504#0090.504

I can tell you though in some areas such as child abuse, the person is "compelled" to testify, unless it will incriminate them also under the 5TH AM. No privilege can be asserted.

I know your Q concerns civil proceedings, but the evidence code is the same as far as testimony is concerned, as far as I know!!

Bottom line, I would say, yes, she can testify.

Of course, as stated, that is up to the Judge as far as the law is concerned!!