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How much information should I disclose about DUI during a divorce?

San Jose, CA |

My spouse and I are in the process of getting a divorce. Our custody trial is coming up soon, and my spouse's lawyer has been asking me questions about my DUI. He sent me set 1 of interogatories which asked have I ever been convicted for a DUI. I answered truthfully. Now he has sent me an email asking questions about blood alcohol level, name of my attorney, and was I on probation...etc. I was arrested for DUI before we were married. Convicted a couple months after but months before our child was born. I have no problem answering the questions, but I just want to know how relevant they are to our case? Should I try to object? Could being to forthcoming hurt me in my custody trial?

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Attorney answers 3

Posted

as much as it is is relevant to the court as to whether the parent is a good parent and what is in the chidlrens best interest if it is relevant.

Legal disclaimer: The response given is not intended to create, nor does it create an ongoing duty to respond to questions. The response does not form an attorney-client relationship, nor is it intended to be anything other than the educated opinion of the author. It should not be relied upon as legal advice. The response given is based upon the limited facts provided by the person asking the question. To the extent additional or different facts exist, the response might possibly change. Attorney is licensed to practice law only in the State of Massachusetts. Responses are based solely on Massachusetts law unless stated otherwise.

Posted

When it comes to objections, these come in two varieties: Valid objections under the evidence code, and invalid objections. Since a DUI is potentially relevant to custody, objections to this discovery would fall in the latter category.

And yes, a DUI may be very relevant to custody issues and, regardless of how embarrassing it may be to discuss, it would be more embarrassing to have the details come out from some other source than yourself. And it will. If you are in a custody evaluation, the evaluator will have access to these records.

*Nothing* screws up a case for a party like withholding relevant evidence. It makes them look evasive and dishonest, and casts a suspicious light on everything else that they say or do.

It's much better to share the information but then also share what you may have done to alleviate any risk that your *past* behavior might have presented to your child's well being.

Legal disclaimer: The response given is not intended to create, nor does it create an ongoing duty to respond to questions. The response does not form an attorney-client relationship, nor is it intended to be anything other than the educated opinion of the author. It should not be relied upon as legal advice. The response given is based upon the limited facts provided by the person asking the question. To the extent additional or different facts exist, the response might possibly change. Attorney is licensed to practice law only in the State of California. Responses are based solely on California law unless stated otherwise.

Donald Frederick Conviser

Donald Frederick Conviser

Posted

Great answer!

Posted

Especially considering that your spouse has an attorney, I strongly suggest consulting with a family law attorney to represent you and protect your interests. Good luck.