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What Can Be Used Against Me During a Divorce?

The Biggest Divorce Mistakes You Can Make

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Dissolution of marriage is one of life’s most stressful experiences — only the death of a spouse is generally reported to be more stressful than divorce. Emotions run high, finances may be strained, and living situations and routines disrupted. On top of this, there are certain actions you could take that could hurt your case and cause post-divorce orders to side in the favor of your spouse.

Whether you’re filing a contested or uncontested divorce, your case can get heated quickly in the event that your spouse uncovers evidence against you. If you and your spouse are filing for divorce, here are some things to avoid.

Extraordinary Spending

Everything is traceable — including your credit cards and financial information. Also known as the dissipation of assets, marital waste is the intentional destruction or depletion of marital assets by one spouse, which would otherwise be split between the couple during divorce proceedings.

Spending money to spite your spouse can only come back to haunt you when it comes time for the deposition.

Hidden Assets

In addition to overspending money, you shouldn't hide it, either. Hiding or moving money out of joint bank accounts prior to your divorce will raise the same red flags as extraordinary spending.

Couples often share plenty of paperwork — for homes, loans, taxes, etc. These documents can be used against you if the opposing party believes you’re withholding or hiding assets or other funds.

Romantic Relationships

We understand that you may want to find a new companion after your marriage ends, but doing so before your divorce is officially finalized can impact the outcome of your divorce settlement. Not only will dating during your divorce harm your chances of obtaining the results you are seeking, but it is also a bad idea for emotional reasons, especially if you share children.

If your new partner has a questionable background and you are seeking custody or certain visitation rights, this can also harm your child custody case. Keep in mind that any individual who has frequent contact with your children will be heavily scrutinized and become part of a child custody investigation.

Restraining Orders

Often, many spouses are afraid to file a restraining order against their partner out of fear of the consequences. A restraining order (also called a “protective order”) can protect you or another member of your family from being:

  • Physically or sexually abused
  • Threatened
  • Stalked
  • Harassed

Restraining orders can include other “protected persons” in some instances, such as family or household members of the protected person. This has especially been the case for children living in the house that need to be protected as well.

Restraining Orders During a Divorce

If you are divorcing your spouse because of violence at home, or your spouse has become violent during your divorce proceedings, you are within your rights to file a protective order. While some clients fear their spouse will lash out during divorce proceedings, the order will serve as a testament to their character and can help defend you.

Using the Internet

Social Media

Experts say that even if you delete a post off the internet it sticks around forever — and if your spouse finds it, their attorney will surely use it. Even if your post seemed innocent to you, it can be used against you during your case.

Social media is also one of the easiest ways for a spouse to track adulterous behavior. These posts will be reviewed by a judge during your divorce trial. According to the American Academy of Matrimonial Lawyers, Facebook is the leader in social networking sites used to gather intel spouses can use against each other during a divorce.

Text Messages & Emails

Anything you put in writing can be used against you and is fair game for the opposing party. Just like your social media posts, text and emails can turn around and bite you even if you’ve deleted them.

Though you may think that your communication is private — this isn’t the case. During the discovery process, your ex-spouse and their lawyer can submit a subpoena for your texts, phone logs, and emails.

Our Advice? Hire an Experienced Irvine, CA Family Law Attorney

Our best advice is to lawyer up before you and your spouse begin your divorce trial to ensure your case is handled properly, and so we can advise you on how to proceed.

At Sullivan Law & Associates, we can provide the knowledgeable and experienced representation you need during this difficult time to ensure your interests are well-protected.

Additionally, we offer plenty of free resources online to help you during this challenging time, including:

View all of our resources online today. Get started on your divorce case today and reach out to our law office at (949) 565-2793 to request a free initial case evaluation.