Divorce can be brutal. Ending your marriage can be a nasty battle, especially if one person does not want a divorce. There may be a lot of conflict involved. On top of that, your spouse may be trying to gather evidence against you in hopes of bolstering their case.
A divorce is a legal issue. It is a lawsuit between a married couple. It serves to end the marriage. Just like any lawsuit, evidence can be used in court. What does this mean? What you say or do can and will be used against you.
This can be a scary thing to think about, especially when you are already dealing with the stress involved with a divorce. Because of this, you need to understand what things can be used against you. Here is a look at some of them.
Social Media Posts
Posting on social media can be cathartic for those who are frustrated with the divorce process. However, you need to watch what you post. What you do in your private life is your business, for the most part, but once you post it online for the world to see, it can be used in divorce court.
Posting photos of vacations and cars? This can be seen as you wasting money and can hurt you, especially if you are trying to get out of paying child support or alimony. If you are posting photos of you partying and getting drunk, they can be used to show that you are an unfit parent.
Social media posts can expose a lot of lies. However, you should not suddenly delete your Facebook profile or old posts. This can be seen as destroying evidence, so be careful of what you do on social media. Your best bet is to take a break from it until the divorce has been finalized.
Text Messages and Emails
Nasty messages to your spouse via text or email can also be used against you. If these private messages can be interpreted as threatening or harassing to your ex, this can make you look bad in the divorce. Be careful of the written communication you send to your ex. Because the communication is nonverbal, it could be misinterpreted and put you in a negative light. Always think about what you are saying and how you are saying it before pressing “send.”
Poor Money Habits
Speaking of wasting money, if you have a spending habit, it could affect your outcome in a divorce. Wastefulness with money is not good and could cause the court to limit your alimony or child support, if eligible. Judges do not want to award money to people who are going to spend it recklessly.
Hiding assets is not only immoral but also illegal. All assets need to be disclosed during a divorce. When a person fails to do so, it can be considered contempt of court.
Hidden assets can affect property division. Bank accounts, valuable property, undisclosed investments, and other property that you fail to disclose can be used against you and result in an unfavorable property division settlement.
Hiding assets can also ruin your chances of alimony and affect child support. If you ask for child support, you may get less than what you expect. If you’re paying child support, you may end up paying more than you intended.
Physical abuse can harm the spouse or children. The courts prioritize the best interests of the children, so if they feel a child is in an unsafe environment, this can make it hard for a parent to gain custody or even visitation rights. This is especially true if protective orders have been filed against the parent.
Substance abuse can also be an issue. Addiction to drugs or alcohol can affect the outcome of your divorce. If you have children, you may be deemed an unfair parent and not be allowed custody. This is especially true if you have a history of neglecting your children while drunk or high. Your alimony could be affected as well. So can property division if you have wasted marital assets on drugs or alcohol in the past.
Social media and eyewitness accounts from friends and family can prove a spouse’s infidelity. Cheating on your spouse can damage your character. If you used marital funds on a lover, then that could affect your case. While infidelity is not illegal in and of itself, some aspects of sex could be. For example, if you cheated on your spouse with a prostitute or a minor, those are criminal activities that could land you in jail. These situations could affect child custody and other aspects of your divorce.
Leaving Town With the Kids
If you leave town with the kids without telling anyone, this could be considered kidnapping. This could be a negative mark against you that results in criminal charges. At the very least, child custody and visitation could be affected. You should never try to relocate with the children without letting the other parent know.
Seek Legal Help
Divorce can be amicable if you and your spouse have the right mindset. However, in some cases, it can be downright nasty, especially when one party is trying to seek revenge on the other.
Be careful about what you do before and during a divorce. Count on Broward County divorce attorney Scott J. Stadler to help ensure your legal rights and reputation are protected. We will help you get a fair outcome. Get started by scheduling a consultation. Fill out the online form or call (954) 346-6464.