Do You Get Any Privacy When You Go to Court or is Everything Fair Game?

Everyone has an expectation of privacy in their lives. What we share, and with whom, is by design and at our comfort level. When information, of a private or proprietary nature, is shared with another the expectation is that it will not be used against the party sharing the information. Weaponizing secrets is a scary thought when the person you once trusted with your personal life and intimate business details is suddenly on the other side of a courtroom from you. How much damage can they do? As you have all come to realize, the answer to that is, it depends.

Is the Information Pertinent to the Divorce Proceedings?

If a married couple wish to part ways, they both will typically stipulate to the marriage being irretrievably broken as a basis for the divorce. Beyond that, the reasons why will only matter if they are going to somehow have an impact on raising any minor children or the division of assets, liabilities. 

What About Infidelity?

In Wisconsin, the courts don’t play the blame game. Adultery is actually a Class I felony under Wisconsin law. Like most states, Wisconsin defines adultery as the act of a married person having sexual intercourse with someone other than his or her spouse. The criminal statute against adultery dates back to the 19th century, however, the crime of adultery hasn’t been prosecuted for years in Wisconsin. Also, Wisconsin law says it is irrelevant in a divorce case.

Alcohol or Substance Abuse?

With alcohol and substance abuse, a major concern is the effect those behaviors could have on the ability of a parent to safely care for the children. Documented abuse, rather than mere accusations, is taken seriously by the court. Presumptions concerning custody and placement of the children can, and should be, overcome when the interests of children are endangered due to substance abuse concerns.

 The Bottom Line?

You should disclose relevant facts to your attorney, so we know what to expect. We can help protect your privacy and minimize the fall out of certain disclosures. Embarrassing or problematic facts may not play a role in your case, and the attorney-client privilege provides protection from disclosure. But candor is essential if we are to do our job well.