What Can Be Used Against You In A Divorce?


Divorcedivorce lawyer explaining to clients what can be used against them in a divorce in texas can bring out the worst in people, especially when it comes to property division. As a result, your spouse may try to find things to use against you during your divorce proceedings. Therefore, you must protect yourself to prevent negative information from affecting the outcome of your case. To do this, it is essential to understand what your spouse may try to use against you during your divorce proceedings.

What Can Be Used Against You

The best way to protect yourself from a vicious attack from your spouse is to understand what an attorney will look for to use as evidence against you. Some things that the other side will look for to enhance their chance of a favorable outcome are:

  • Financial misconduct: If one spouse has engaged in financial misconduct, such as hiding assets, it may affect the award of spousal support or property division. Nearly all assets and debts acquired during your marriage are divided equally in Texas. Therefore, you should avoid shifting or unnecessarily spending marital assets.
  • Adultery: Having an affair does not always negatively affect your case, but it could hurt your financial outcome if the expenses of the infidelity were funded with marital assets.
  • Substance abuse: If you have a history of substance abuse and there are children in the marriage, the award of child custody could be affected. The court will always consider the safety and well-being of your children as a priority, so if your spouse can spin alcohol use into a substantial problem, they could receive custody.
  • Communications: This can include texts, emails, and phone calls concerning any divorce issue. For example, if you agree to something or confess to something, your spouse could use it to get a more favorable outcome.
  • Social media posts: Social media posts can harm the outcome of a divorce case in various ways. For example, if you claim you have no money, but your social media posts show you having extravagant dinners or shopping trips, your spouse could use those posts to undermine you with the judge. Therefore, always be cautious of what you post on social media.

How to Protect Yourself During a Divorce

upset man and woman turned away from each other sitting on couchProtecting yourself during your divorce is vital for a successful outcome. Therefore, in addition to consulting an experienced divorce attorney for representation and guidance, you should:

  • Avoid moving assets: It’s natural to want to separate yourself from your soon-to-be ex-spouse. However, you should never move assets from joint accounts or sell marital property just before your divorce. Even if it is an innocent act, the court could see it as an attempt to hide assets that can negatively affect your case.
  • Keep detailed records: During your divorce, it is critical to keep detailed records of all financial transactions, including receipts, bills, bank statements, and credit card statements. This can help ensure that you receive a fair division of your marital assets and help you track down any assets your spouse hides.
  • Avoid marital waste: Marital waste occurs when someone spends marital assets for no legitimate reason. This could include spending money on unnecessary items, vacations, or gambling. Therefore, you must be responsible and aware of your spending to avoid wasting marital assets during the divorce proceedings.
  • Be patient and polite: Divorce can trigger different emotions, including anger, but it is essential to be courteous and respectful to your spouse throughout the process. Being polite can make a huge difference in whether you and your spouse can work together to reach a settlement agreement.
  • Don’t violate your court orders: If you are subject to any court orders, you must comply with them. Violating a court order can result in serious legal consequences, such as fines and jail time. As a result, you should work with your attorney to fully understand your obligations under court orders so you can comply.

Contact an Experienced Divorce Attorney of Smith Family Law, PLLC

If you are facing a divorce, having a skilled and experienced attorney on your side to protect your rights and interests can make a huge difference in your case. At Smith Family Law, our divorce attorneys have the knowledge and compassion to guide you through this difficult time.

We understand the financial and emotional toll divorce can take and can provide you with personalized and effective legal representation to help you get the best outcome possible. Don’t wait until it’s too late to seek the representation and support you need. Contact our team today at (512) 572-3533 for a free case evaluation with one of our experienced Austin divorce attorneys.

Written by: Smith Family Law

Contact Us

We would like to hear from you. Please send us a message by filling out the form below and we will get back with you shortly.