Divorce can not only be emotionally draining; there are times when it can be downright embarrassing. There may be some circumstances you experience that you wouldn’t even tell your best friend about. However, there is someone you should tell: your attorney.
Here are five pieces of sensitive information you should definitely share with your divorce lawyer:
You had an affair.
Infidelity is one of the most common reasons why couples split, and if there has been infidelity in your marriage, you need to let your attorney know so he or she is not put at a disadvantage when defending your case. In Nebraska, the court will not hear evidence of infidelity unless it has had a direct and negative effect impact on the children. . A court also has the ability to evaluate whether a cheating spouse depleting marital funds by extravagant spending on a lover, is a reason to award additional marital assets to the non-cheating spouse to compensate him or her for the imbalance.
Cheating does not generally affect child custody unless there are extenuating circumstances — for example, if the cheating spouse’s lover is a sex offender or addict. In these cases, visitation may be restricted so as to not expose the children to an objectionable person.
You got an STD.
If you think your spouse has given you a sexually transmitted disease (STD), you need to disclose this information to your lawyer, as you may be able to be financially compensated for medical bills, pain and suffering, emotional distress, etc.
There was domestic abuse.
Your attorney definitely needs to know if you have been in an abusive relationship so they can help protect you during the divorce and, if necessary, obtain a restraining order against your spouse. Safety planning will also be another important discussion to have with your lawyer as a result.
Project Harmony has been involved with your family.
If Health and Humans Services has investigated your family for the potential abuse or neglect of a child, your attorney needs this information. Even if the complaint was years ago, you still need to disclose it to your lawyer. You do not want the court to assume you are trying to hide this, especially if custody or support is an issue in your divorce.
You hid assets or debts.
It is not unusual for spouses who are divorcing to try to hide assets, but it is always a bad idea. These things are usually found out during the discovery process, and it is incredibly damaging to your credibility if your spouse’s attorney turns up evidence of hidden assets, property or debt. If you lie about it under oath, you could be charged with perjury. If your spouse has to spend money on forensic experts and additional legal fees to uncover your deception, you could be on the hook for those costs as well as court sanctions.
For over 40 years, your legal team at Koenig|Dunne has counseled clients in thousands of initial consultations, and we are here to ensure that your initial consultation provides meaningful answers to the questions that matter the most to you.