Anger. Heartbreak. Loss. All are words that may be associated with an affair and its impact on a relationship. Divorce lawyers and judges hear such all of the time. Sometimes this is coupled with the desire for revenge by disclosing or using such a correspondent’s name in any legal proceeding
Under a relatively unknown Indiana statute, it is unlawful for any person, either as a litigant or attorney, to file or cause to be filed, a pleading or motion in a manner as to identify the participant in an affair. This prohibition applies to a divorce, maintenance, annulment, or custody case.
In fact, a willful violation of this rule and disclosure of “the name” by an attorney, party or witness constitutes direct contempt of court. For such a violation, the court may punish the person disclosing the information by a fine up to $500. Thus, do not disclose or try to smear the other person involved in the affair by listing him or her in the pleadings or motions filed in the court proceedings.1
This blog post is written by attorneys at Dixon & Moseley, P.C. and is for general educational purposes only. It is not legal advice, or solicitation for legal services. Dixon & Moseley, P.C. attorneys handle civil and criminal appeals from all Indiana state trial courts, Seventh Circuit Court of Appeals, or United States Supreme Court.
