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Are There Things You Should Not Tell Your Divorce Attorney?

Divorce can be a difficult and emotional process, and it’s important to work with a lawyer who can help you navigate the legal system and protect your rights. You may be wondering what you should and should not tell your divorce lawyer. Some things may be embarrassing and you may not want to talk about them.

However, other than telling your divorce lawyer false or misleading information, you should tell your divorce lawyer everything so that he or she is fully aware of your situation and can help you. Hiding information can seriously harm your credibility and damage your case, especially if that information comes out in court and surprises your divorce lawyer.

So, what SHOULD you tell your divorce lawyer?

  1. If your spouse has hidden assets: Tell your divorce lawyer if you think your spouse is hiding or not disclosing assets. Your divorce lawyer can use private investigators and other experts to track down hidden assets.
  2. Information about substance abuse: If you or your spouse have substance abuse issues, or have had them in the past, your divorce lawyer needs to know. Untreated substance abuse and untreated mental health issues can make a big difference when a court is deciding what is in the children’s best interests.
  3. Information about your spouse’s infidelity: While infidelity may be a factor in your decision to divorce, it’s not always relevant to the legal process. However, it is one of the factors a court considers when determining alimony and if your spouse is spending marital funds on the affair(s), it can also impact the distribution of marital assets and debts. It can even be something the court considers in determining timesharing and parental responsibility.
  4. If there has been domestic violence: Your divorce attorney needs to know if there has been violence in the home. Your attorney may advise you to seek an injunction (restraining order) against your spouse so that you and the children are safe.
  5. If you are not sure if you should tell your divorce lawyer about something, tell your lawyer anyway. Your divorce lawyer would rather have information that is not relevant than not to have all of the important facts and details about your marriage.
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