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Dixon & Moseley | Attorneys At Law
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  5. Sex, Lies and Video Tape: Three “Skeletons” in your closet to disclose to your divorce attorney

Sex, Lies and Video Tape: Three “Skeletons” in your closet to disclose to your divorce attorney

On Behalf of Dixon & Moseley, P.C. | Apr 8, 2014 | Divorce

Sex, lies and scandalous videos of celebrities fill the daily tabloid magazines and go viral on the internet. But what about you? You are not a celebrity, why does what you do in your personal life matter? Sex, lies, and scandalous videos can be very damaging to you if you find yourself embroiled in a hotly contested divorce, custody, or paternity case.

Almost everyone has something “private” and often times you think you are sharing something personal with someone you are involved in a trusting relationship with. However, when the gloves come off, these types of private occurrence come to light and can be embarrassing and damaging.

So why should you disclose this to your attorney, even if you think all your tracks are covered, the evidence is destroyed, or your former spouse or significant other would never bring these things up in court? The very simple answer is, with this digital age, nothing is ever permanently destroyed, and when your former spouse or significant other wants to win, all bets are off.

The truth is, this may never come up in court, but, the last thing you would want is for your attorney to be blind sighted during a trial with this type of scandalous information that could potentially be damaging or could portray you in a bad light. When you tell your attorney ahead of time, he or she can prepare a defense or strategy (such as admitting to first before the other side has a chance to paint you in a bad light), or be on the look out to object or otherwise, just in case.

Some examples of things that may not immediately come to mind in a contested child custody action, that you should disclose to your attorney, even if you think it will never come up (because inevitably, it will):

  • Illegal drug use and Prescription drug abuse: Marijuana use is typically not treated favorably by courts in Indiana (even though other States’ laws have become more lax on the subject). If you alleged drug use by the other party, be ready to be tested yourself. There are typically three (3) types of tests –breathalyzer (for alcohol use), urine screens, blood, and hair follicle, all of which have a range with respect to how far the test goes back in time. Even if you have a prescription, (and especially if you don’t), there may be allegations of over use and abuse. Be prepared to be tested, explain your use, provide medical proof, and even have a doctor prepared to testify if need be that your use is appropriate if you use any prescription substance1.
  • Videos, Pictures, and Pornography: Videos and pictures of a sexual nature, even if with your significant other, can be used or twisted to be used to show that you engage in deviate behavior. Be aware if these exist, where they are, or if they are destroyed. In this digital age, many computers or other devices do not totally destroy files even if you delete them. Pornography is another example of something that many people view or do in their personal adult time, which could be used to portray you poorly during a custody dispute. Be aware of what your former significant other knows, and share with your attorney any and everything that could be used by the other side. Your attorney can help you to determine what to disclose up front so as to beat the other side to the punch and preserve your credibility, and what to prepare a defense about.
  • Tax evasion: Oftentimes in divorce cases, when property division, and other financial matters are at issue, and the parties own a small or family business, the issue of cash received comes up. Allegations tend to float around that there are unclaimed cash receipts. Be aware if you are a small business owner, and disclose to your counsel if you collect funds that you do not report on your tax returns, or have other questionable business practices. It is your attorney’s job to protect your interests to the best of his or her ability, within the professional rules, and nondisclosure could find you in the hot seat at trial, trying to explain on the spur of the moment.
  • Ultimately, domestic litigation brings out these common themes that can catch litigants off guard, often to your detriment. If you think something won’t come out; it probably will. Remember, if you disclose it to your attorney, the conversation with your attorney is confidential, and privileged and your lawyer needs to know prepare for it.

    We hope that you have found this information to be helpful in understanding some potential things you should consider disclosing to your attorney during a divorce or custody proceeding. This is not intended to be legal advice. If you have questions or concerns about your specific case, Dixon & Moseley, P.C. can help evaluate your specific case. This blog post was written by Attorney, Lori B. Schmeltzer.

  • https://www.in.gov/pla/3017.htm
  • What Happens to the House in an Indiana Divorce?

    On Behalf of Dixon & Moseley, P.C. | Apr 23, 2026 | Uncategorized

    Executive Summary A house is considered marital property if it is owned by one or both spouses, even if it was acquired before the marriage. Indiana law presumes that a 50/50 division of marital property is fair, but this presumption can be rebutted by a number of factors. As for the house specifically, the court may award the house to…

    How Indiana Courts Divide Retirement Accounts in Divorce

    On Behalf of Dixon & Moseley, P.C. | Apr 21, 2026 | Uncategorized

    Retirement accounts are generally considered marital property to the extent that were earned during marriage. Although retirement funds that accumulated before the marriage are not automatically excluded from the marital property, they can affect how the marital property is divided. 401(k)s and employer-sponsored retirement plans are divided using a Qualified Domestic Relations Order (QDRO), which is a court order directing…

    What Counts as Marital Property in Indiana?

    On Behalf of Dixon & Moseley, P.C. | Apr 19, 2026 | Uncategorized

    Executive Summary Indiana is a “one-pot” property state when it comes to marital property. This means that almost all property owned by either spouse at the time of the dissolution is included. Common types of marital property include property acquired during the marriage, property owned before the marriage, inheritances and gifts, retirement accounts and pensions, businesses, and debts and liabilities.…

    Parenting Time vs. Custody in Indiana: What Parents Confuse Most

    On Behalf of Dixon & Moseley, P.C. | Apr 15, 2026 | Uncategorized

    Executive Summary There are many differences and common misconceptions surrounding custody and parenting time. Custody, which is divided into legal custody and physical custody, deals with who has the authority to make major decisions about a child’s life and where the child primarily lives, respectively. Parenting time refers to the schedule of when each parent will physically spend time with…

    Can Custody Be Modified in Indiana? What Must Change

    On Behalf of Dixon & Moseley, P.C. | Apr 9, 2026 | Uncategorized

    Executive Summary Yes, custody can be modified in Indiana. Courts require a showing that modification of custody is in the best interests of the child and that there has been a substantial change in one or more statutory factors the court looks at when deciding custody. Some common examples of changes that warrant custody modification include a significant change in…

    How Indiana Judges Decide Child Custody—the “Best Interests of the Child” Standard

    On Behalf of Dixon & Moseley, P.C. | Apr 7, 2026 | Uncategorized

    Executive Summary When parents separate or divorce, child custody is often the most emotional and contested issue. In Indiana, judges do not award custody based on gender, income alone, or who “deserves” it more. Instead, courts apply a legal standard known as the “best interests of the child.” Courts consider 8 statutory factors to determine what custody arrangement is in…

    Is Indiana a 50/50 Divorce State? What the Law Really Says

    On Behalf of Dixon & Moseley, P.C. | Apr 5, 2026 | Uncategorized

    Executive Summary The short answer is no, Indiana is not a 50/50 divorce state, but it often starts out that way. Indiana does not require marital property to be divided equally in every divorce. Instead, Indiana follows the rule of equitable distribution, with a presumption that an equal division is fair unless evidence shows otherwise. The court looks at the…

    Step-Parent Adoption: How It Works in Indiana

    On Behalf of Dixon & Moseley, P.C. | Apr 5, 2026 | Uncategorized

    Stepparent adoption grants the same legal rights and responsibilities to a stepparent that a biological parent would have. In addition to meeting the requirements associated with any form of adoption, the stepparent must be leally married to the custodial parent to adopt their stepchild. The non-custodial biological parent of the child must consent to the adoption absent specific legal grounds…

    How Divorce Works in Indiana: Step by Step (2026 Guide)

    On Behalf of Dixon & Moseley, P.C. | Mar 24, 2026 | Uncategorized

    Executive Summary In order to divorce in Indiana, at least one spouse must meet the statutory residency requirement. There are numerous grounds recognized for divorce by Indiana courts, but the most common is irretrievable breakdown of the marriage. A spouse seeking a divorce must prepare a petition including information about any minor or dependent children they have, as well as…

    Indiana Guardianship Laws (2026): How to File, Costs, Types, and Alternatives

    On Behalf of Dixon & Moseley, P.C. | Mar 19, 2026 | Uncategorized

    Executive Summary A guardianship is a court supervised legal arrangement where a judge appoints a guardian to make decisions for someone that is incapacitated and unable to make decisions about their finances. To obtain a guardianship, a prospective guardian must file a petition for guardianship with the appropriate court, notify interested parties, and attend a hearing where a judge will…

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