Here are some things that could be used against you in a divorce.
Divorcing your spouse is an emotionally painful and stressful process. It often requires invoking formal litigation, which is inherently confrontational. So, it is essential to understand what can be used against you in a divorce, how your actions and behavior affect the outcome of the case, and how your divorce lawyer can mitigate their impact. If you and your spouse are filing for divorce, here are some things that could be used against you in court.
Hidden Assets
Whether purposeful or by accident, assets or income that aren’t disclosed could put you at risk for court accusations. To avoid harsh consequences, thoroughly examine and document all of your relevant assets. This should include property such as real estate and retirement accounts, as well as artwork, antiques, equipment, and more. Take inventory early on to prevent the potential for harmful allegations.
Substance Use
If your spouse can prove that you suffer from substance abuse or addiction, a judge may determine you are a risk to your children. The court’s main concern is the welfare of your children, and proof of your substance use can be used to demonstrate you can not provide a stable or secure environment for your kids. With solid evidence against you, a judge may limit your visitation or even relinquish your custody rights.
Extraordinary Spending
Limiting your withdrawals from joint bank accounts, abstaining from transferring ownership of valuable marital assets, or moving money during your divorce case is also advisable. Intentionally excessive or extraordinary spending or selling or transferring ownership of marital property is known as “marital waste.” If your spouse can prove you are wasting assets, they can argue for a larger share of marital assets.
Social Media Posts
As dangerous as texts and emails can be, social media content is even worse, as it’s incredibly accessible. Anything you post is fair game. Depending on your privacy settings, your spouse’s attorney can produce metadata from your social media account during the discovery stage or may obtain unflattering or embarrassing social media posts without your knowledge. When in doubt, it’s best to keep your social media activity to a minimum for your divorce. This will help you avoid unwelcome surprises.
Text Messages & Emails
Texts and emails can be used against you as evidence during a divorce. Similar to social media posts, these messages are easily retrievable during the discovery process. Your spouse can use your emails and text messages to embarrass you or impeach your credibility. During your divorce process, treat the content of each email or text as though a judge will be reading it in your case.
The Right Lawyer Can Make All the Difference
Hiring a lawyer should be the first thing you do when encountering any legal matter, not a last resort. Whether you’re thinking about a separation or divorce or have been charged with a crime, been injured in an accident, or your civil rights have been violated, you need to first know your rights. Contact Mike Mastracci today at 614 Edmondson Ave Catonsville, MD 21228 (with satellite offices in Ocean City, Snow Hill, and Salisbury, Maryland), 410-869-3400, and check us out on Facebook.