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Is it Possible to Invoke the Fifth Amendment in an Indiana Divorce?

There are certain rights that individuals are awarded in the United States when they are involved in legal disputes. The Fifth Amendment of the United States Constitution says that defendants have the right to remain silent, which is essential and means that you do not have to say anything that could potentially implicate yourself and harm your case. This amendment is regarded as necessary protection that a free society reserves for its citizens.

While a lot of people know they can invoke the Fifth Amendment in a criminal case, they may not know their rights when it comes to a civil proceeding like a divorce. Learning more about your rights when you are going through an Indiana divorce is easy. Christopher L. Arrington is an Indiana divorce attorney who will answer your questions and provide you with the effective and sound legal counsel you need to improve the chance of getting the most desired outcome for your legal situation.

When Would You Invoke the Fifth Amendment in an Indiana Divorce Case?

It is true, criminal cases are not the only time when a person can exercise their right to remain silent. Divorce proceedings are also situations where one party may apply the Fifth Amendment, and if it suits their argument, they have every legal right to do so. So, if you are asked questions that have the potential to incriminate you in another criminal trial, you do not have to answer them and harm your defense. You do not have to submit the information that can negatively impact a criminal case against you when you are in a divorce proceeding in Indiana. If a question is designed to get you to admit information that will be used in a criminal case showing that you are criminally liable for an action, you can choose not to answer.

Should you be ready to invoke your Fifth Amendment in an Indiana divorce trial, simply say “I respectfully decline to answer the question by asserting my right under the Fifth Amendment of the United States Constitution.” The timing of when you use the Fifth Amendment matters. Should this action be necessary and you fail to get it done, the court could compel you to answer an incriminating question that has the potential to be a major problem for you. The good news is, when you work with Christopher L. Arrington, you will have the support and direction you need to understand what your rights are under the law, when it comes to the Fifth Amendment, and when you should use it.

Invoking the Fifth Amendment in an Indiana divorce proceeding means that you are keeping evidence that could be used against you by your ex. Even though this may seem helpful, the information you keep in your civil divorce case to protect your impending criminal case does not mean that the information cannot be used against you in your divorce hearing. This means that your spouse can ask the judge to assume that you are withholding information because it would affect your divorce outcome. This is called adverse interference. Depending on what information is requested, you may have to choose between if it is better to have your divorce case impacted or your criminal case impacted by what you say.

Speak With an Indiana Divorce Attorney Today

Being put in a situation in which you cannot say something because it can hurt you criminally, but also know that by not doing so, you will negatively affect your divorce proceeding, is not an easy spot. However, you are not out of options, and there is the potential that you can put your divorce case on pause until you are finished with your criminal case so that you are not in such a precarious and difficult situation. When you work with Christopher L. Arrington, an Indiana divorce lawyer, you will have the very best legal counsel guiding you on your options and what actions will be most beneficial for you. Call Christopher L. Arrington, a Danville divorce attorney to schedule a free consultation at (317) 745-4494.

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