Why it is Important to Be Honest with Your Divorce Attorney
Everyone has heard how important it is to hire a good divorce attorney. However, one of the lesser-known secrets to fully utilizing your attorney and enhancing their ability to perform for you, is to tell your attorney everything. Even the parts you are tempted to leave out.
Imagine that you are preparing for a first meeting with your selected divorce attorney. You explain your income, and general living situation, but you want the divorce to run smoothly. So, you hesitate to mention a few details during your initial consultation. Your recently received bonus that you have not deposited yet. The small stash of money you started to divert from the joint account shortly before separating. You assume or hope that these details are minor and not a big deal. So, you tell yourself that they won’t come up unless your spouse tries to raise the issue.
As your case moves forward, your spouse’s attorney begins to uncover all of these items that you failed to disclose to your own attorney. Now, instead of accounting for these items from the beginning, your attorney has to respond to these revelations without advance warning. Your case has potentially snagged on issues that could have been handled more carefully if your attorney had known from the outset.
The erosion of trust between you and your spouse can be very detrimental in settlement negotiations. Proactive planning can quickly turn to damage control if you are not upfront with your attorney as they build your divorce case strategy. Your attorney understands the nuances of California law. They are in a position to advise on how different forms of income or assets will be treated. When they are given the facts, they can properly advise on what disclosure is necessary and help you take the best steps to protect your interests in your assets.
Why Your Divorce Attorney Needs the Full Story from the Start
When you first meet with a divorce attorney, it is only natural that you will not be sure about what is necessary to share and what is not. You may feel uncomfortable and uncertain. But it is important to understand that an attorney’s role includes helping you to assess your risks, anticipate potential disputes, determine your priorities, and decide on a negotiation strategy.
California divorce law requires spouses to fully and accurately disclose material facts of their income, assets, and debts. Your attorney can only know what you tell them. They can only prepare your case so far as you give them adequate information. When the full story is available from the beginning, your attorney can explain how the law will apply to you. This helps both of you to make informed decisions and craft a solid strategy for protecting your interests.
What Happens If You Hide Information
Some people withhold information due to fear or uncertainty. They may think that certain facts will make them look bad or weaken their position in a case. However, withholding information usually creates far more problems than it avoids.
An attorney unaware of key facts may craft a strategy that does not serve you once the case is in progress. Information that had been withheld that surfaces later can be inflammatory in the divorce process and put you in a worse position than if you had been honest with your attorney from the start.
Common consequences of withholding information include your attorney being unable to anticipate evidence speaking to the issue coming from the other side. You also lose credibility with the courts if you are incomplete in your disclosures. New information might necessitate discovery, revised filings and elongated processes, costing your time and money. The last thing anyone wants is to turn a stressful process into a firestorm of you defending your actions and trying to regain the lost favor of the court.
Contact Cardwell Steigerwald Young, LLP
Your attorney will always be working towards serving your best interests. If you have questions on your own divorce case, contact an experienced San Francisco divorce attorney with Cardwell Steigerwald Young LLP.
