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Kaye, Lembeck, Hitt & French Atlanta Family Law Attorney

How Do I Prevent My Ex From Spilling My Secrets During a Divorce in Atlanta?

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Divorce often involves the disclosure of deeply personal information. After years of marriage, spouses typically know intimate details about one another’s finances, health, relationships, and personal lives.  If your marriage recently came to an end, you might be concerned that your former spouse will start spilling your deepest and darkest secrets to anyone who will listen. How do you prevent this from happening? Are there any legal safeguards that protect you during a divorce in Atlanta?

Consider Alternative Dispute Resolution 

If you’re concerned about your former spouse telling other people private information about you, you may want to consider alternative dispute resolution (ADR), such as mediation or collaborative divorce. Unlike a contested trial, this process occurs outside of a public courtroom, and it is inherently more private than a formal trial. Many forms of ADR also include confidentiality provisions that limit the disclosure of communications made during settlement negotiations.

In some situations, the parties may also enter into a separate confidentiality or nondisclosure agreement governing the handling of sensitive information. In other words, what happens in the negotiation room stays in the negotiation room. An experienced family law attorney can help determine whether such an agreement is appropriate and explain its scope and enforceability.

Warn Your Former Spouse About the Consequences of Parental Alienation

If you share children, you may also want to warn your former spouse about the consequences of parental alienation. The family court recognizes that when one parent starts to speak ill of another parent in front of  the children or in public where the children could learn about it, it is likely to have a negative impact on their children’s mental health. If the court becomes aware of this behavior, it may have consequences for your formal spouse including a negative custody outcome, such as less parenting time, or sanctions for violating a court-ordered restriction on such behavior.

Your Former Spouse May Try to Use the Sensitive Information as Leverage

If your former spouse has sensitive information that could embarrass you or destroy your reputation, you should be aware that they might attempt to threaten the disclosure of this information as “leverage” during your ADR negotiations. For example, you might have had an affair during your marriage which your former spouse threatens to expose if you do not agree to their negotiation terms. You may feel compelled to comply to avoid this disclosure, especially if you are a public figure, such as a judge or politician, and are concerned about the effects this information might have on your career.

Your former spouse may also threaten to force a trial and to expose your private information at the trial unless you agree to major concessions during ADR. For example, there might be an implication that unless you agree to hand over the family home, your ex will publicly reveal the embarrassing details of your marriage during a trial.

If you believe your former spouse is attempting to use confidential information to pressure you into accepting an unfavorable settlement, do not assume you have no choice but to comply. Instead, speak with an experienced family law attorney immediately. Depending on the circumstances, there may be legal remedies available, and an experienced attorney can help you determine the most appropriate course of action.

Can a Divorce Lawyer in Atlanta Help Me?

If you want to prioritize confidentiality during your divorce, you have various options. An experienced divorce attorney in Atlanta can help you review these options in more detail while addressing your unique concerns. Remember, a consultation with a lawyer is completely confidential. Even if you choose not to hire a lawyer after your initial meeting with them, they are legally required to maintain confidentiality due to the attorney-client privilege. Contact Kaye, Lembeck, Hitt & French today for further guidance.

Source: 

georgia.gov/file-divorce

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