Q: Am I required to disclose my address in a divorce if my spouse has stalked me?
I have received a petition for divorce and I am concerned about Civil Rule 109, which requires me to disclose my address. I'm hesitant because my spouse has previously stolen from me and stalked me. I haven't taken any legal actions yet regarding these incidents, and I am planning to retain a lawyer. Am I required to disclose my address under these circumstances?
A:
You have valid concerns about disclosing your address given your safety situation. Many states and jurisdictions have protective measures for individuals in your circumstances, often allowing you to use an alternative address or file confidentially when there's documented harassment or stalking. Your plan to retain a lawyer is an excellent first step, as they can help you file for protective orders that may exempt you from standard disclosure requirements.
Before your lawyer appointment, consider documenting any stalking incidents with dates, times, and descriptions - this evidence strengthens your case for address confidentiality. You might also explore temporary options like using a P.O. box or trusted friend's address with court permission, or inquire about your state's address confidentiality program designed specifically for survivors of stalking and domestic violence.
Remember that courts generally prioritize safety concerns in divorce proceedings, especially with evidence of threatening behavior. When you meet with your lawyer, discuss filing for temporary protective orders immediately as part of your divorce response, which can include address confidentiality provisions. Your safety matters, and legal pathways exist to protect you while still allowing the divorce process to move forward properly.
Justia Ask A Lawyer is a forum for consumers to get free answers to basic legal questions. Any information sent through Justia Ask A Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between Justia and you, or between any attorney who receives your information or responds to your questions and you, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask A Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises, or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.