Top 5 Things That Can Be Used Against You During Your Divorce
Whether you’re filing a contested or uncontested divorce, your case can get heated quickly if your spouse uncovers evidence against you. If you and your spouse are filing for divorce, here’s some advice from our divorce lawyers at Denver Family Lawyers.
1. Extraordinary Spending
Everything is traceable — including your credit cards and financial information. And, although Colorado is a “no-fault” divorce state, marital waste is the one form of misconduct that is generally accepted by Colorado family courts.
What is Marital Waste?
Also known as the dissipation of assets, marital waste is the intentional destruction or depletion of marital assets by one spouse, which would otherwise be split between the couple during divorce proceedings.
Dissipation of assets may be proven through the following transactions:
- Spending marital money on extramarital affairs.
- Transferring marital funds to another person before a separation.
- Spending unreasonable amounts on business expenditures.
- Selling marital assets below the market value.
- Spending money on illegal activities such as gambling.
2. Hidden Assets
Even if your soon-to-be-ex doesn’t know where the money went, they’ll know where it was. Hiding or moving money out of joint bank accounts prior to your divorce raises the same red flags as extraordinary spending. Marriage often includes plenty of paperwork — for homes, loans, taxes, and other documentation. These documents can be used against you if the opposing party believes you’re withholding or hiding assets or other funds.
3. Your Romantic Relationships
It seems only natural to want to find a new companion after your marriage ends, but doing so before your divorce is officially finalized can actually impact the outcome of your divorce settlement. Not only will dating during your divorce harm your chances of obtaining the results you are seeking, but it is also a bad idea for emotional reasons, especially if you share children with your soon-to-be former spouse.
If your new partner has a questionable background and you are seeking custody or certain visitation rights, this can also harm your child custody case. Keep in mind that any individual who has frequent contact with your children will be heavily scrutinized and become part of a child custody investigation. Therefore, if your new girlfriend or boyfriend has an unsavory history, you can expect it to have repercussions when it comes to how much time you are able to have with your children.
4. Social Media Posts
Social media experts say that even if you delete a post off the internet it sticks around forever — and if your spouse finds it, their attorney will surely use it.
Going through a divorce is tremendously emotional, and even if your post seemed innocent to you, it can be used against you during your case. Additionally, social media is one of the easiest ways for a spouse to track adulterous behavior, and those posts will be reviewed by a judge during your divorce trial.
According to the American Academy of Matrimonial Lawyers, Facebook is the leader in social networking sites used to gather dirt spouses can use against each other during a divorce. The bottom line? If you’re going through a divorce, it may be best to limit your social media use until your case is finalized. Even afterward, posts could be used against you in regard to child custody agreements.
5. Text Messages and Emails
Just like your social media posts, text and emails can turn around and bite you even if you’ve deleted them. Though you may think that your communication is private — this isn’t the case.
Anything you put in writing can be used against you and is fair game for the opposing party. However, if your ex plans to use texts or emails not directed toward them, he or she must be able to show that they had the authority to access the information. During the discovery process, your ex-spouse and their lawyer can submit a subpoena for your texts, phone logs, and emails.
Our Advice? Hire an Experienced Denver Family Law Attorney
Often, we find that clients come to us after they’ve tried to handle their divorce on their own — only to find themselves in a deeper emotional, financial, and legal battle. Our best advice is to lawyer up before you and your spouse begin your divorce trial to ensure your case is handled properly, and so we can advise you on how to proceed.
At our Family Lawyers, we can provide the knowledgeable and experienced representation you need during this difficult time to ensure your interests are well-protected. Do not leave the outcome of your divorce up to chance by representing yourself.
Get started on your divorce case today and reach out to our law office.