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No, You Cannot “Smear” A Love In A Divorce Or Related Proceeding!

Anger. Heartbreak. Loss. All are words that may be associated with an affair and its impact on a relationship. Divorce lawyers and judges hear such all of the time. Sometimes this is coupled with the desire for revenge by disclosing or using such a correspondent’s name in any legal proceeding

Under a relatively unknown Indiana statute, it is unlawful for any person, either as a litigant or attorney, to file or cause to be filed, a pleading or motion in a manner as to identify the participant in an affair. This prohibition applies to a divorce, maintenance, annulment, or custody case.

In fact, a willful violation of this rule and disclosure of “the name” by an attorney, party or witness constitutes direct contempt of court. For such a violation, the court may punish the person disclosing the information by a fine up to $500. Thus, do not disclose or try to smear the other person involved in the affair by listing him or her in the pleadings or motions filed in the court proceedings.1

This blog post is written by attorneys at Ciyou & Dixon, P.C. and is for general educational purposes only. It is not legal advice, or solicitation for legal services. Ciyou & Dixon, P.C. attorneys handle civil and criminal appeals from all Indiana state trial courts, Seventh Circuit Court of Appeals, or United States Supreme Court.


  1. Ind.Code 34-12-2-6.
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Ciyou & Dixon, P.C., is a law firm located in Indianapolis, Indiana. We serve clients in six core practice areas: family lawappellate practicefirearms lawgeneral practicepersonal injury and criminal law.

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Based in Indianapolis and founded in 1995, Ciyou & Dixon, P.C. is a niche law firm focused on successfully dealing with the complexities of divorce, high-conflict child custody and family law. Known for their ability to solve extremely complex situations with high quality work and responsiveness, Ciyou & Dixon will guide you every step of the way. The family law attorneys at Ciyou & Dixon, P.C. will help you precisely identify your objectives and the means to reach your desired result. In addition, this practice focus is augmented by the firm's other three core areas, namely appellate advocacy, civil practice, and firearms law. Life is uncertain. Be certain of your counselSM.

Indianapolis Divorce Attorneys, Ciyou & Dixon, P.C. of Indianapolis, Indiana, offers legal services for Indianapolis, Zionsville, Noblesville, Carmel, Avon, Anderson, Danville, Greenwood, Brownsburg, Geist, Fortville, McCordsville, Muncie, Greenfield, Westfield, Fort Wayne, Fishers, Bloomington, Lafayette, Marion County, Hamilton County, Hendricks County, Allen County, Delaware County, Morgan County, Hendricks County, Boone County, Vigo County, Johnson County, Hancock County, and Tippecanoe County, Indiana.