If a crime happen while a couple is divorced, can they be made to testify against each other?
Question Details: If she testifies it can incriminate her. He committed the crime but she was there also. He wants to get re-married so they can't testify against each other but I don't think that is right. What should she do?
There is no spousal privilege (the right to not testify against a spouse) while divorced, so that does not apply. But if her testimony would incriminate her, she can refuse to testify under the 5th Amendment right against self-incrimination ("No person shall be . . . compelled in any criminal case to be a witness against himself'), which has been held to allow someone to refuse to answer questions or testify in any proceeding if doing so will tend to incriminate her of a crime. You can't refuse to appear for testimony; and you can't refuse to answer questions that do not incriminate you (e.g., do you know your ex-spouse?); but you can refuse to answer specific questions where the answers would incriminate you.