For most people, divorce is an undiscovered country, something they are vaguely aware of from television or perhaps their friends (or, unfortunately, their parents). But no one likes to discuss painful emotional and personal circumstances in detail, and as a result the truth and reality of divorce is often shocking.
One aspect of the process of hiring and working with a NY divorce attorney is the concept of “full disclosure.” What does this mean, exactly? The fact is, is, the term “full disclosure” is a dual responsibility between the NY divorce attorney and the client.
In order to pursue your interests in the divorce, including equitable asset distribution and custody issues, your attorney needs to have complete and unvarnished information about your life and finances. While these are topics most people are uncomfortable discussing with people they are not on intimate terms with, the fact is that withholding information or obscuring your finances from your NY divorce attorney is a huge mistake. In order to protect your interests, you must give full disclosure of your financial and personal lives so they can craft strategies.
At the same time, you have a right to full disclosure concerning your divorce. This includes being alerted to all decisions, requests, and motions in your case, and to be shown all the correspondence with the court and your spouse’s attorneys. Your attorney should not make any attempt to keep information from you. This disclosure should always include
- The strategy they are developing for your case in court.
- What is happening in the discovery process, both in terms of what is being provided and what has been provided by your spouse.
- The state of negotiations with your spouse’s legal team.