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The “Unsaid”: Two Things to Tell Your Divorce Attorney

There is an old adage that the line between “love” and “hate” is narrow. This line sometimes shifts during divorce proceedings. This blog explores some of the domestic issues this “line” highlights, requiring disclosure to your divorce attorney for him or her to do the best possible job of navigating your divorce.

Frankly, we all have life moments we are not proud of that occurred, and sometimes share or experience those with a spouse in a close relationship. The expectation is that this is “unsaid” and will never be shared. Experience of attorneys and judges and professionals (such as psychologists) reflect the opposite.

To avoid irreparable harm to your case, and other legal risks, such as criminal prosecution, you have to trust your attorney and share this information--so it is heard and addressed first with counsel, not in the courtroom, for example. Two common issues arise.

The first is illegal activity, such as illegal drug use or tax evasion. There is the right to raise a Fifth Amendment privilege even in civil proceedings, and that may be a better alternative to the case. For this reason, any activity that is questionable you do not believe will arise, you should expect that it will.

The second issue is a deep and dark family secret, such as history of mental illness or molestation. These can cut both ways and cause significant harm or prejudice to a case in ways that non-lawyers and professionals do not think about. Share these with your counsel and talk through the issue and its implications.

These issues, if they exist, may not arise at all or be relevant to the issues in a divorce proceeding. However, it is only knowing such that allows the attorney to be prepared for such a situation and address it in advance or properly address it when and if it arises.

We hope you find this blog post helpful in understanding the complex legal, social and psychological dynamics that arise in a divorce case. This blog is intended as general information about domestic relations cases. It is not intended to be legal advice or a solicitation for representation. It is advertising material. Ciyou & Dixon, P.C. attorneys handle divorce cases throughout the State of Indiana.

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