Discover the key information you should share with your attorney during a divorce case on this episode of the 805 Law Group Podcast. We discuss the importance of disclosing assets, debts, and custody details, as well as the potential risks of withholding information. Learn how to navigate the balance between privacy and openness with your attorney, and why overconsumption and social media can negatively impact your case. Plus, find out what kind of person typically gets the best results in a divorce process. 

Tune in now to gain valuable insights and advice for your divorce journey.

[00:00:06] Bill Ausman: And I'm attorney Bill Ausman.

[00:00:30] Bill Ausman: There are a lot of really important pieces of information that are really required. We're in the process of breaking a partnership and dividing those assets. So information about those assets, and those debts are incredibly important. So that type of information is really important. And then if we're talking about custody and visitation, that also is incredibly important.

[00:01:19] Bill Ausman: In California, we don't look at fault, so that's not as important, but what is important is that best interest standard. So what is affecting the kids? How is that affecting them? We're not there just to make the other parent look bad, but we're there to provide really great information so the court can give you great custody, great financial orders so that you can move forward with your life.

[00:01:56] Bill Ausman: Yes, quite often people will forget [00:02:00] really common things. They'll think, Oh, that was just my credit card. I don't need to provide that. Yes, you do, unless you have a prenuptial agreement all accounts are community property during the term of the marriage. And even if they are separate property, you have a duty to disclose that information. So it's really important to get all the accounts.

[00:02:31] Bill Ausman: So it's really important that people go through all their accounts, get all that information. If you have an old retirement account from an old job, we still need that information. Hey, maybe your parents left you a piece of property or interest in a trust, we need all that information. So those are common things that will cause the divorce process to be more complicated and in some situations could cause a penalty for the [00:03:00] client.

[00:03:13] Dean Mignola: We know some people are very private people and they're very sensitive to their privacy. But when it comes to the divorce, how should clients navigate the balance between the privacy and being open with their Attorney?

[00:03:39] Bill Ausman: So it's important to disclose that information so that. One, you get a disclose, two, that you have a strategy going forward that's going to get you legal traction and get you the best results possible. So, I would lean on the side of over disclosing, give all that information to your Attorney. They [00:04:00] can help you through the process, get you great results.

[00:04:10] Bill Ausman: It can cause you problems in many regards, like I say, there is a 100% penalty. This is a very famous case, one spouse won the lottery, they quickly filled out the divorce paperwork, never told the other spouse about the lottery winnings, cashed that out after the divorce and once it became known to the other spouse, they sued them, and what ended up happening was the other spouse got 100% of that lottery winnings.

[00:04:38] Bill Ausman: So you don't want that to happen, and so, it's important that you disclose. That is private information, your Attorney won't keep it confidential, you'll only disclose that to the other party. Not only are you risking losing the entire asset by not disclosing it, you could lose Attorney's fees and costs.

[00:05:08] Dean Mignola: Okay. Well, you gave a great example of what can happen if you don't disclose. Do you have some examples of where people, when you do disclose a lot of information, how that can help their case and has helped their case?

[00:05:41] Bill Ausman: And by disclosing all of that, one, you're ensuring that you're not going to get fined by the court, and two, you can start dictating the narrative around that and help put your legal team in a position that they're going to maximize your [00:06:00] recovery.

[00:06:13] Bill Ausman: Yeah, there are things that you should and there are things that you should not disclose to family and friends. One of the things that's really important when you're going through a divorce is a great support band. Talk to your family, talk to your friends, aunts, uncles, grandparents that you have good relationships with, that do with your kids.

[00:06:52] Bill Ausman: Those are great resources. Where you don't want to vent is you don't want to get on instagram. You don't want to get on facebook. You don't want to get on [00:07:00] tiktok and talk about personal things, that's a big no. One of the things we see in court quite often is really negative posts that one of the parents has posted about the other.

[00:07:41] Dean Mignola: Well, and I would think that you had to be careful about what you share with the spouse's friends and family. You know, sometimes people, even if they're having issues with the spouse, they may be close with the spouse's family. But I would think that could be a tightrope as well.

[00:08:13] Bill Ausman: California is a no fault divorce state. There's no reason to get into that stuff, let people you know, love them, you care about them, that they're going to continue to be an important part of your life. They're going to continue to be an important part of the kids lives. But don't share the dirty details that are really private.

[00:08:41] Bill Ausman: Yeah, one of the things that gets people in trouble consistently is overconsumption. Maybe having a few extra beers or a extra few glasses of wine. This can lead to problems on social media, this can lead to problems at the bar, this can brought [00:09:00] problems driving home from a friend or family's house.

[00:09:21] Dean Mignola: That's great. Well, we all know people, you know, when you're in this kind of situation, you want to get the best result you possibly can. What kind of person typically gets the best results in a divorce process, would you say?

[00:09:59] Bill Ausman: [00:10:00] Stay involved in that, invest in your friends, invest in your physical fitness, even if you don't belong to a gym, hey, this is a good time to strike up that gym membership. Get in there, hit the weights. It can really help you have mental clarity and focus, it keeps your body fit, it keeps your mind fit. And so do these things that are important.

[00:10:48] Bill Ausman: And don't be in a hurry to jump in the dating pool, it's still going to be there when things clear, it's better to have a clear idea of, Hey, what [00:11:00] went wrong in this relationship? How can I improve that? And what qualities am I looking for in a person? Once you're able to do that, once things have calmed down, you're in a better position to put your mind around looking at potential future spouses.

[00:11:36] Dean Mignola: And also feel free to comment below if you have any questions or comments. We Love to read those and really interact with you, Bill. Any final thoughts?

[00:12:10] Bill Ausman: I'd be happy to get you a copy of this book. People have been finding it really helpful, really helping them to organize their thoughts and help prepare them in this process.