The period of divorce proceedings is very challenging and sensitive. Emotions are already high and the quest for revenge remains unabated. During this period, couples are charged towards a number of sensitive issues which includes child custody, sharing formula for the assets, among others.
To secure a soft landing, some partners take some drastic measures that inevitably become counterproductive at the end of the proceedings. Such unthoughtful actions might cost the partner the child custody or even earn them a refraining order.
It is therefore very imperative to put on a “white hat” during divorce proceedings. What can be used against you in a divorce? Is a very necessary question every partner should have figured out during the divorce proceedings.
With insight from the views of Siddhartha Misha (BA, LLB), we have uncovered many answers to the question; what can be used against you in a divorce?
What Can Be Used Against You In A Divorce? 9 Things You Should Note
1. Stay away from any form of intimacy until you’re officially divorced
Extramarital affair is the easiest route to frustrate your plans during divorce proceedings. You shouldn’t be suspected of any intimacy till you officially call it quits with your partner. Even if you’re separated, you still have to respect the union until you legally and officially sign off.
Intimate relationships can be used against you during divorce proceedings as it would negatively affect the decision of the judge and jury. Moreso, any evidence of a romantic relationship would stifle your chances of securing child custody, frustrate co-parenting relationships and would be seen as the major reason for your divorce application.
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2. Do not make the mistake of starting a business or acquiring a property before the divorce
It is a reckless decision to enter a contract or start up a business before you’re officially divorced. Such legal blunder would haunt you during the sharing of assets. Because, any property acquired, even some minutes, before the ruling on your divorce application is considered a community asset by the court.
Even if you have been separated from your partner and the divorce application has been filed already, you’re still legally married to your partner. Therefore, any property acquired before you’re officially divorced would be shared between you and your partner. To avoid such blunder, it is advised to suspend the acquisition of tangible assets or any other form of asset before the court’s ruling.
3. Don’t sign things without the consent of your attorney
What can be used against you in a divorce? The documents you sign could be used against you during a divorce. To avoid unnecessary legal battles, refrain from signing any unclear documents without the approval of your attorney.
Some people have had rough custody and property battles because of some papers and documents signed before the divorce.
4. Refrain from disclosing sensitive and confidential information
Anything you said during the period of divorce proceedings could be admissible evidence before the court. Keep your strategies and tactics very confidential as any hint of such to your partner’s legal team would be very detrimental.
Utilize the attorney-client privilege. Any information pertaining to the divorce should remain between you and your attorney.
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5. Don’t hide assets
If you’re still wondering what can be used against you in a divorce, hiding or moving of assets is one of them. Marital waste is sternly frowned upon by many judges. It is the intentional dissipation of assets that should be shared between the couple during divorce proceedings, by one spouse.
Don’t bother making such attempts because you’d likely get caught. There are a lot of documents involved in marriage, from taxes, through joint bank accounts, to property papers, and these documents would make it easier to track down any form of marital waste by any of the partners.
6. Do not get involved in unusual debts
Because they’re about getting divorced, some people make the mistake of incurring liabilities or unusual debts in the name of the couple. Such actions would dampen your intentions and may possibly impact the judge’s ruling negatively.
It is unnecessary to incur debts because you’re planning to leave the marriage. Just focus on important issues pertaining child custody and co-parenting.
7. In cases of violence, try and get a refraining order
The thought of getting divorced is oftentimes very unbearable. There are a lot of emotional outbursts, financial crises, changes in living conditions and so many dramas. With such heightened emotions and tense atmosphere, there are tendencies that any of the couple might resort to violence.
If you observe such tendencies from your partner, the best option is to get a refraining order that would protect you and your children from any form of abuse.
8. Be mindful of telephone calls
Whatever you say during a telephone conversation could be recorded and such recordings are tenable. Be very careful of your telephone conversations during divorce proceedings and if possible, refrain from discussing such issues except you’re conversing with your attorney.
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9. Your posts on social media could be used against you
What can be used against you in a divorce? Social media posts are also in the list of what could be used against you in a divorce. Remember, social media does not forget and any negative posts would eventually come to haunt you.
FAQs
How can a woman protect herself in a divorce? Or how to protect yourself as a man in a divorce?
The easiest way to protect oneself during a divorce is to avoid what can be used against you in a divorce. We have outlined the major things that could be used against someone during a divorce, take note of them all and avoid them.
You can also get a refraining order if there are tendencies that your partner might go violent. However, you can contact your attorney for further directions.
How to avoid getting screwed in a divorce?
The first step to avoid getting screwed in a divorce is to hire the services of a competent attorney. Follow his directions and put efforts to avoid getting involved in what can be used against you in a divorce. Moreso, keep your emotions in check and don’t act out of spite or anger.
Can text messages be used against you in a divorce?
Text messages are admissible into evidence. This is a major reason why you should be very mindful of the text messages, emails and social media posts you create.
Bottom Line
No genuine couple marry with the intention of getting divorced along the way. But, things do happen and parting ways become the best option. If divorce is imminent, you have to brave up and work towards securing a soft landing. It is not the end of the road nor is it the end of your love life. What matters most is your peace of mind.