John C. Mayoue - Competing Interests in Family Law: Legal Rights and Duties of Third Parties, Spouses, and Significant Others (5130088)
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Competing Interests in Family Law: Legal Rights and Duties of Third Parties, Spouses, and Significant Others (5130088)
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Legal Rights and Duties of Third Parties, Spouses, and Significant Others
John C. Mayoue
Page ii
Section of Family Law Publications Development Board Barbara Kahn Stark, Chair Gail D. Baker Frieda Gordon Gregg Herman Mary K. McCusker Eliot J. Nerenberg Kimberly A. Quach Carlton D. Stansbury
Book design by Zaccarine Design, Inc.
The materials contained herein represent the opinions of the authors and editors and should not be construed to be the action of either the American Bar Association or the Section of Family Law unless adopted pursuant to the bylaws of the Association.
Nothing contained in this book is to be considered as the rendering of legal advice for specific cases, and readers are responsible for obtaining such advice from their own legal counsel. This book and any forms and agreements herein are intended for educational and informational purposes only.
1998 American Bar Association. All rights reserved. Printed in the United States of America.
02 01 00 99 98 5 4 3 2 1
Mayoue, John C., 1954 Competing Interests in Family Law: Legal Rights and Duties of Third Parties, Spouses, and Significant Others/John C. Mayoue p. cm. ISBN 1-57073-537-9 (pbk.) 1. Husband and wifeUnited States. 2. Unmarried couplesLegal status, laws, etc.United States. 3. Divorce suitsUnited States. 4. Third parties (Law)United States. 5. Custody of childrenUnited States. I. Title. KF510.M39 1998 346.7301 63dc21 98-9629 CIP
Discounts are available for books ordered in bulk. Special consideration is given to state bars, CLE programs, and other bar-related organizations. Inquire at ABA Publishing, Book Publishing, American Bar Association, 750 North Lake Shore Drive, Chicago, Illinois 60611.
Page iii
CONTENTS
Acknowledgments
x
Introduction
xi
Civil and Evidentiary Issues Affecting Marital Relationships
Chapter 1 The Privilege against Self-incrimination
3
Applicability of the Privilege against Self-Incrimination in Domestic Relations Cases
4
The Privilege in the Civil Context
4
Applicability of the Privilege in Family Law
5
Standard of Proof and Presumptions of Law
5
Threat of Criminal Prosecution
5
Testimony Requirement
6
Parties Who May Assert the Privilege
6
Applicability of the Privilege in the Context of Divorce
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