Will My Spouse Find Out If I Hire a Divorce Attorney?

 Posted on June 24, 2024 in Divorce

For some people, filing for divorce is the hardest part of the process. This is not only because taking the first step is the most challenging. It is also especially difficult for spouses who have been abused. For them, the thought of their partners finding out that they have hired a divorce attorney can trigger a fear of retribution.

It is common for a spouse who is thinking about divorce to want to speak to an Illinois divorce lawyer without the other spouse knowing about it. But is the lawyer required to notify the other spouse?

Duty of Confidentiality

Attorneys are bound by a duty of confidentiality, or what is otherwise known as attorney-client privilege. This means that what is said between you and your attorney stays between you and your attorney. It is one of the most protected types of communication in the country. A lawyer who violates that confidentiality — or “breaks privilege” — will face professional discipline. This can include being disbarred, which means losing his or her license to practice law.

A qualified attorney will keep what you say confidential, even if he or she no longer works for you, and even if you die. You can always begin by asking your Illinois attorney whether the things you say are protected by attorney-client privilege.

Are There Reasons to Break Privilege?

An attorney can break privilege and disclose what his or her client said if:

• Doing so will prevent someone from being in physical danger

• The client has given permission to do so 

• Doing so will help prevent the client from committing a crime

• A court has ordered him or her to do so

• The client sues the lawyer and breaking confidentiality will help the lawyer’s legal defense

When Will My Spouse Find Out I Want a Divorce?

If you do not give your attorney permission to disclose your conversations, then the latest possible time your spouse will find out you want a divorce is when you file the papers with the court. When you file the Original Petition for Divorce, you will need to have your spouse personally served with a copy.

If you are a victim of domestic abuse, there are legal protections your attorney may be able to help secure for you. You may, for example, be able to obtain a Protective Order, a decree issued by a judge that can require your spouse to stay away from you and your children.

Contact a Hurst, TX Divorce Lawyer

The best thing to do if you have concerns about speaking to an attorney is to speak to an attorney about those concerns. If you do not want your spouse to find out that you are considering divorce, your Tarrant County, Texas divorce attorney can help strategize with you. At Daniel R. Bacalis, P.C., our skilled and discreet lawyers will help you come up with a plan for divorce that protects your safety and your rights. Call 817-498-4105 for a free and confidential consultation today.