Divorce Dex.com: Self Incrimination; The Right Against

Definition Self Incrimination; The Right Against - the right of the accused not to admit his or her criminal wrongdoing.

Application in Divorce Most wrongful behavior in a divorce is not criminal, so the right against self- incrimination cannot be asserted. Adultery is still considered a crime in some states. Because domestic violence and tax cheating are also crimes, the right may be asserted in these circumstances, but, unlike criminal actions, the judge is free to drew negative conclusions. In general, before asserting the Fifth Amendment in a divorce action, good legal advice should be sought.

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