As a Texas family law attorney, I often meet clients worried about what might be used against them in a divorce. This concern can signal trouble but also shows they’re proactive about protecting themselves. Toby’s call was no different.
“Chris, she filed the divorce papers,” Toby said. “I just got served yesterday. I’ve been ready for this, but now I’m worried about what she might use against me. I don’t think she’s going to play nice. I’m afraid she’ll start an all-out battle.”
“Good thing you called,” I told him. “Don’t worry, but do think about your case and help me anticipate her tactics.”
“Thanks, Chris. I don’t want another sleepless night,” he said.
“Is there something specific on your mind?” I asked.
“I’m worried she’ll paint me as an abusive drunk,” he confessed. “Yes, I drink sometimes to cope with her nastiness, but I’ve never hurt her—just fended her off when she came at me. She starts fights and blames me.”
“Toby, I hear this often. Wives, accurate or not, can use these incidents against their husbands,” I said. “Let’s review what she might claim and prepare to counter her tactics.”
“Let’s do it, Chris. Thanks,” Toby replied.
Divorces like Toby’s are tough. Emotional turmoil combines with complex legal proceedings, making it critical to understand what can be used against you in a Texas divorce. From social media posts to financial records, minor details can have major consequences.
Next, we’ll explore various factors that can significantly impact your divorce case. From social media posts to financial records and felony convictions, seemingly minor details can have major consequences.
Evidence in a Texas Divorce
Financial Records and Hidden Income
Financial records are thoroughly examined in divorce proceedings. Hiding assets or misrepresenting your financial situation can lead to severe penalties
Transparency and accurate property division are crucial. Hiding income is a common tactic to reduce support payments. Honesty about your financial situation, including any temporary orders or other existing court orders related to finances, is important in these cases. Texas is a community property state. This means assets and debts acquired during the marriage are usually divided equally. However, the following actions and evidence can influence property division, child custody, and support.
Infidelity
While Texas is a no-fault divorce state, infidelity can still play a role. It can influence how a judge divides marital property, especially if marital funds were used to support the affair, per Texas law.
Infidelity might also affect child custody arrangements, particularly when causing child neglect or leading to an unstable home environment. The court’s primary concern is always the child’s best interests. Making false accusations about the other parent’s behavior is a common tactic some parents use in high-conflict divorces, which can affect the outcome of a child custody case.
Substance Abuse and Mental Health
Substance abuse can severely impact custody rights. If the court deems your substance use a threat, visitation could be limited. Supervised or restricted visitation orders may result if there is evidence of substance abuse and lack of responsibility. This could also influence child support payments.
Domestic Violence and Abuse History
Domestic violence dramatically impacts divorce cases. It can lead to protective orders, restricted custody, and criminal charges. Protective orders and concerns about a child’s secure environment often come into play. Domestic violence becomes a major factor in determining child custody.
The court considers abuse history and seeks to provide a safe, secure environment. Keep in mind that accurate reporting during divorce proceedings is vital.
Social Media and Text Messages
Social media posts, text messages, emails, and even private messages can be used as evidence.
Anything from comments to photos can be taken out of context and used against you, especially in high-conflict cases where spouses attempt to portray each other negatively. These items can be presented to a judge during court proceedings, influencing their decision about character, parenting ability, or financial responsibility. Think before you post – it’s discoverable information.
Relocation and Visitation Child Support
Relocating with your children requires following specific legal procedures. Failing to do so could significantly impact your custody case.
Relocating can influence visitation rights, support, and custody arrangements. Consult with a Texas divorce attorney before making any relocation decisions, especially if there are temporary orders or other court orders in place concerning child custody or visitation. Filing child visitation modification documents and making false allegations in a divorce case is unfortunately common, so make sure you consult with a processional before doing so. And remember, the court’s main concern is protecting the children involved in a divorce case, ensuring a safe, secure, and supportive environment, regardless of the parents’ differences.
Grounds for Divorce in Texas
There are seven grounds for divorce in Texas. While “insupportability” (irreconcilable differences) suffices for a no-fault divorce, understanding the other fault-based grounds is essential to protect yourself.
Your spouse might attempt to use a fault-based ground against you. This could impact the legal outcomes and affect property division, spousal maintenance, and child custody. If there are children involved in a Texas divorce case, child support is typically addressed in the final divorce decree, based on legal guidelines. If parents have trouble reaching an agreement about custody and visitation, a judge will determine the final orders based on the best interests of the children.
Protecting Yourself
Being proactive is vital in a divorce case. This means seeking advice from a qualified Texas divorce attorney early on in the process.
Understanding what can be used against you is complex. An attorney can assess your situation, gather evidence, advise you on protecting yourself, and create a legal strategy based on Texas law.
Sneaky Divorce Tactics to Watch Out For
Some spouses resort to underhanded tactics in a divorce. While it’s tempting to retaliate, it’s far better to focus on responsible, measured responses guided by your attorney.
Some tactics to watch out for include delaying the divorce process or making false accusations of abuse, child neglect, or other wrongdoing. Another common tactic is manipulating visitation schedules to alienate children or pressure for a quick, unfair settlement concerning property division and child support payments.
Hiding financial accounts or introducing a new partner with red flags are also tactics that can influence how assets are split and custody is determined. Be prepared for such tactics and seek legal advice if you encounter them.
FAQs about What Can Be Used Against You in a Divorce
Can text messages be used to prove adultery?
Yes, text messages can be used as evidence in Texas. While not conclusive proof alone, they can contribute to the overall picture presented to the judge.
Speak with an attorney about other evidence like social media posts or journal entries and if they can be subpoenaed.
What not to say to your spouse during divorce?
Avoid discussing case details or engaging in hostile communication. Negative interactions, especially written ones, can harm your case.
Don’t admit to past behavior or indiscretions, even seemingly minor ones. Remain calm and focus on following your attorney’s guidance. Understand your rights and obligations during divorce proceedings.
How to handle a nasty divorce?
Seek help from a therapist and an experienced divorce attorney. A therapist helps you manage emotions and communicate effectively. An attorney can protect you against brutal divorce tactics.
Consider divorce mediation (collaborative divorce) or other conflict resolution methods.
How to accept divorce when you don’t want it?
Accepting an unwanted divorce is difficult. Grieve the loss and seek support from family members, friends, or support groups. A therapist can guide you through this emotional process.
It is difficult to move through such a difficult time and understanding what can be used against you in a divorce proceeding can help.
Conclusion
Divorce can be emotionally and mentally draining, especially in Texas where various factors can be used against you. Being informed and prepared is essential to navigating the complexities of divorce and protecting your interests. Knowing what can be used against you in a divorce helps you prepare, remain calm, and focus on what you can control. If you’re thinking about a Texas divorce or legal separation, understanding Texas divorce law, especially about the division of marital assets and debts, child custody, and child visitation, will help you through the process.
What Might be Used Against Toby?
“That’s a scary overview of what might lie ahead for me,” Toby said. “Good thing if she came at me with other accusations, she’d just be lying, but I wouldn’t put it past her.”
“What do you mean there Toby, please elaborate,” I requested.
“Chris, I’ve never been with another woman, really I need a break from them, but she accuses me of having affairs,” he began. “I don’t drink much, and never in front of the kids, but she makes it a big deal every time I have a few drinks to unwind. It’s drama, drama, drama all the time. Mountains out of molehills. Like I said earlier, I never hit her, just push her away when she gets all up in my face. That’s self protection, not abuse, although she might claim otherwise.”
“Anything else I should know about?” I asked.
“No, I’m straight up about our finances. God knows, I could use a vacation alone or with the guys but I’m not hiding anything from her. Still, she might think I am because she’s always asked about where I’m spending money,” he told me.
Preparing for the Case
“Sounds like we need to be prepared to defend against a lot of allegations that she might try to use against you,” I told him. “But if you are being straight with me now, she won’t be able to produce solid evidence to support what she might accuse you of. There’s no records of text messages with other women, or any social media posts that might support her accusations are there?”
“Chris, I’m not a texter, I’m old fashioned and like the phone,” he said. “And no, I barely touch that social media stuff. She’ll have nothing on me there.”
“I understand Toby. Sounds like you’ll be another in a long list of men who have to fight off a series of allegations from their wives. I’ve been on both sides so I know exactly how to prepare for this,” I told him. “I suspect you’re not interested in retaliating with a list of allegations of your own, right?”
“No Chris, I mean I have a list of my own grievances, but I don’t want to bad mouth her or make it any worse if I don’t have to. I’m just ready to move on with my life,” he said.
“I’m glad to hear that Toby, let’s not resort to your list unless absolutely necessary. Now that I know what she might try to use against you, let’s get prepared for your case. First, you need to show me the papers she served you, and we’ll prepare our response.”
“Thanks Chris, I’ll bring them to your office tomorrow. In the meantime, I think I’ll sleep better tonight. I know I’m in good hands,” he said.
Schedule a Consultation With Our Firm to Find Out What Can Be Used Against You in a Texas Divorce
Trying to figure out what can be used against you in a Texas divorce can be stressful and challenging, but you do not have to face it alone. Our team of experienced Dallas family attorneys is ready to provide you with the guidance, support, and legal advocacy you need during these challenging times.
Whether you are wondering what can be used against you, or navigating other divorce related issues, we are here to help you every step of the way. We welcome you to schedule a consultation to discuss your situation and case objectives. We can answer your legal questions and discuss how we can help you move forward. Call our law office at (888) 584-9614 or contact us online to schedule your consultation.
