Things That Can Be Used Against You In Divorce
During your divorce, things that can be used against you can make the divorce process for you and your spouse emotionally taxing and difficult. The formal litigation process, which is by its very nature a contentious procedure, must frequently be used in divorce cases. Because of this, it’s critical to comprehend what can be used against you in a divorce, how your behavior and activities can influence the result, and how your divorce attorney can assist in lessening their effects.
This article describes particular behaviors that could harm your divorce and things that could be used against you.
Actions and Things That Could Harm You in a Divorce or Child Custody Case
North Carolina is a jurisdiction without fault. Nevertheless, in the course of your divorce or custody battle, your spouse may draw attention to and utilize your conduct and deeds against you. Put simply, how you behave throughout a divorce can have an impact on matters like property division and child custody.
Your own attorney can help lessen the impact of these negative attitudes and activities, even though your spouse’s counsel may use them against you in your family court case. Having said that, you should be forthright and honest with your divorce attorney about any potential activities that could harm your reputation.
1. Using Marital Resources
It’s also a good idea to restrict the amount of money you take out of any joint bank accounts, avoid moving money throughout your divorce proceedings, and refrain from selling or transferring ownership of any important marital assets. Put more simply, “dissipation of assets” and “marital waste” refer to purposefully going over budget or going above and beyond, as well as selling or transferring ownership of marital property. Your spouse may be able to argue for a bigger portion of the marital assets if they can demonstrate that you are wasting them.
2. Keeping Assets Hidden
The Divorce Code’s §3502(a) provides for the equitable division of marital assets. As a result, you are required by §3505(b) to give your spouse an inventory of your possessions and financial data. A judge may give your spouse a larger portion of the marital assets and impose fines or other penalties on you if you try to conceal your assets.
3. Posts on Social Media
Depending on your privacy settings, your spouse’s attorney may be able to see unpleasant or embarrassing social media posts from your account without your knowledge or force you to provide metadata from your account during the discovery phase of your divorce. In other words, your spouse can use this information to prove you are an unfit parent or that you had an affair outside of marriage. As a result, you ought to restrict what you share on social media or refrain from using them at all.
4. Behaving with Anger or Spite
Many people make the divorce process into an all-out war because of how personal divorce cases are. Seeking the best outcome for your divorce is more important than concentrating on harming your husband. If you let your feelings guide your choices, your spouse’s lawyer could be able to paint you as a callous individual and an unsuitable parent.
5. Postponing the Divorce
Just like when you act out of anger, you can be tempted to drag out your divorce in order to cause your partner financial and psychological distress. This tactic could backfire if the judge finds that you behaved in bad faith and orders you to reimburse your spouse’s legal expenses in accordance with §3323(e). Instead, your attention should be directed toward a speedy and amicable divorce settlement.
6. Entering a Romantic Partnership During the Divorce process
Even while getting divorced gives you some personal independence, you should exercise caution in who you choose to date while going through a divorce. Even though a romantic relationship by itself is harmless, your spouse could turn your new partner’s past against you. For instance, your spouse may claim that giving you custody in accordance with section §5328(a)(14) and (15) is against the best interests of your kid if your new partner has a history of abuse or addiction.
7. Text messages and Emails
Indeed, during a divorce, emails and texts can be used against you as proof. Text messages and emails can be quickly retrieved throughout the discovery process, much like posts on social media. Emails and texts might be used by your spouse to make you look bad or undermine your trustworthiness. Consider that every email or text you send or receive throughout your divorce or custody proceedings will be read aloud by a judge in your case.
8. Hastening the Settlement Procedure
Even while it’s critical to move through your divorce quickly, you shouldn’t rush the settlement negotiations. It’s critical to keep in mind that your divorce marks the start of a new chapter in your life. Your lawyer might be able to work out more advantageous divorce terms if you are patient.
It’s critical to maintain your integrity during the divorce proceedings. In many divorce proceedings, one or both parties make up allegations of domestic abuse or other falsehoods against the other, which are frequently refuted in the course of the discovery process. If you lie, you run the danger of undermining the validity of any claims you make about matters like child custody and property split.
10. Refraining Your Partner from Seeing Their Kids
If you have a custody agreement that grants the other parent custodial time, it would be a mistake to try to keep your spouse away from your kids. You might lose custody if your spouse can demonstrate that you are keeping them from seeing their child. Specifically, a court will consider considerations under §5328 while determining custody, such as being uncooperative with your spouse or trying to influence your children.
11. Leaving Town Without Notification
Your partner may contend that unplanned or unexpected travel interferes with your capacity to care for your child. Furthermore, in accordance with section §5337, you have to give your spouse enough notice if you want to move inside or outside of the state. If you don’t give enough notice, a court may change the custody arrangement that is currently in place.
12. Signing Anything Without Consulting Your Attorney
Negotiations and the signing of papers, are common ways to end divorces. In essence, a marriage settlement agreement is a contract. You should never sign any legal documents until your attorney has reviewed them to make sure they are complete and correct since they are legally binding, such as marriage settlement agreements.
Frequently Asked Questions About Thing That can be Used Against you in a Divorce
1. Is social media activity admissible in court during divorce proceedings?
Yes, social media posts can be used as evidence, so be cautious about what you share online.
2. Can text messages and emails be used against me?
Yes, electronic communication records are often considered admissible, so be mindful of your written conversations.
3. How does infidelity affect divorce proceedings?
Infidelity can impact divorce, potentially influencing property division, alimony, and child custody arrangements.
4. Is hiding assets during divorce illegal?
Yes, concealing assets is illegal and can lead to severe consequences. Full financial disclosure is crucial.
5. What role does substance abuse play in a divorce case?
Substance abuse can impact child custody decisions and may be considered when determining a spouse’s fitness as a parent.
6. Do prenuptial agreements really protect assets?
Prenuptial agreements can offer protection, but their validity depends on various factors, including fairness and proper legal execution.
7. How does a history of domestic violence affect divorce proceedings?
Domestic violence can significantly impact divorce cases, influencing issues such as restraining orders and child custody.
8. Can verbal agreements be legally binding in divorce cases?
Verbal agreements may have legal implications, but having written documentation is generally more secure in divorce proceedings.
9. What role does parental alienation play in custody battles?
Parental alienation can be considered in custody disputes, as it may affect the child’s relationship with one parent.
10. How does a change in employment or income affect alimony?
Significant changes in employment or income can be grounds for modifying alimony payments, either upward or downward.