It likely comes as no surprise that divorce can bring out the worst in people, and while you can expect some emotional fallout, you shouldn’t put up with tactics that jeopardize your financial or parental rights.
Divorce is a complex legal matter that is difficult to navigate in the best of times, and if your divorcing spouse is taking advantage of the situation, it can leave you with unfavorable terms that don’t reflect your legal rights. The surest means of combatting sneaky tactics is by working closely with an experienced Round Rock divorce attorney from the start.
Divorce Basics
When a couple divorces, they need to resolve the divorce terms that apply to their situation. Ideally, they work together to negotiate terms that they’re both willing to sign off on. This process can take some time and may require a good deal of back-and-forth, but most couples are able to hammer out mutually acceptable terms without the court’s intervention.
When they’re not able to agree on terms, the cases go to trial.
The following primary terms must be resolved in all divorces – as applicable:
The division of marital property
Child custody arrangements, which include parenting time and legal custody (decision-making authority)
Spousal maintenance (alimony)
It can take a considerable amount of time to resolve these divorce terms in a manner that protects each spouse’s rights and that works for the couple in question.
In some instances, the pressure of divorce, an individual’s own tendencies, or a combination of the two drives one spouse to engage in tactics that are designed to put the other at a disadvantage. If your divorcing spouse is headed in this direction, your dedicated divorce attorney will be able to see one step ahead and will take every precaution to protect your rights.
Hitting the Brakes
One of the most common stunts that less-than-forthright spouses like to pull is simply stalling the divorce process, which can leave you struggling to stay afloat – both emotionally and financially. The longer a divorce takes to finalize, the greater the uncertainty involved and the more costly it’s likely to be.
Because the universal goal of divorce for those who are on the up-and-up is moving effectively and efficiently forward, your divorcing spouse can throw a wrench into the works by simply doing nothing – such as by refusing to engage in meaningful negotiations.
Those who engage in stalling practices are usually attempting to wear the other spouse down to the point of accepting terms out of desperation that aren’t in keeping with his or her own best interests. Spouses may also hit the brakes to act out, which typically boils down to making the divorce as difficult as possible – even when doing so sacrifices their own best interests.
Whatever the reason, stalling the divorce process is a powerful and effective weapon that should not be tolerated. If your knowledgeable Round Rock divorce attorney has reason to believe your spouse is artificially delaying the divorce process, he or she will take the legal steps necessary to help rectify the situation.
Ultimately, your divorce will be finalized, and your spouse doesn’t have the right to drag it out for no legitimate purpose.
Hiding or Obscuring Assets
Your financial rights hinge on an accurate assessment of your marital assets, which can be difficult to obtain if your spouse engages in hiding, spending down, giving away, or manipulating relevant information about assets. The following factors tend to facilitate the hiding of assets:
If your spouse is more involved in your family’s finances than you are
If your divorce involves high assets
If you own a business together
If your spouse owns a separate business
If your marital finances are complicated
When high assets or business ownership is involved, simply attaching correct values can be challenging, and working with forensic accountants and valuation professionals is often required.
The more assets your soon-to-be ex is able to hide, the less value there will be to divide between you. To deter this behavior, the court can take fraud on the community (which refers to hiding assets or artificially decreasing the marital estate) into account when determining the just and right division of marital property – even in a no-fault divorce.
The following behaviors are some of the most common examples of this brand of trickery:
Concealing the actual amount of income or reporting false numbers
Undervaluing assets, such as real estate, business enterprises, art, or collections
Transferring assets elsewhere while the divorce is pending – such as to secreted accounts, family members, friends, a business partner, or a new love interest
Finally, business ownership can afford unscrupulous spouses many opportunities to engage in financial wrongdoing, which makes proceeding with caution – and skilled legal guidance – well advised.
Fiddling with Finances
In addition to the division of marital property, there are the financial matters of child support and alimony to consider. Some people going through divorce are not above lying about their income to minimize their obligations to their children and their ex-spouses.
Consider these examples of spouses who try to manipulate child support or alimony:
A divorcing spouse who exaggerates expenses in order to offset a higher income
A divorcing spouse who creates false debt – often to a family member or close friend – in order to offset a higher income
A divorcing spouse who quits a job under the pretext of being fired as a means of keeping financial responsibility to his or her soon-to-be ex low
Parents are required by law to continue supporting their children financially throughout childhood – based on their ability to do so. Stooping to lows like those listed above reflects a direct attempt to escape financial responsibility for one’s children, and the courts do not take such efforts lightly.
Additionally, alimony can play an important role in your ability to get back on your feet financially post-divorce. If you’re entitled to alimony, any wrongdoing by your spouse is a primary concern – reach out for the trusted legal counsel of a practiced divorce attorney.
Protecting Yourself from Financial Trickery
An important measure to take in any divorce, including one in which neither spouse is interested in cheating the other, is having a firm grasp on your family’s finances.
If you’re more involved in your family’s financial dealings, you’re in a good position to gather the information you need and to make sense of it as you move through the divorce process. If you’re not very involved, you’ve got more work to do.
If you’re preparing to file for divorce, now is a good time to gather, copy, and compile all the financial documentation you can get your hands on, including these kinds of documents:
Your mortgage
Your household bills
Your credit card bills
Your car titles
Your own and your spouse’s paystubs
Your financial portfolio
Your own and your spouse’s retirement accounts
Documentation regarding items of value, including jewelry, art, recreational vehicles, boats, and collections
Business paperwork and the financial books – for business owners
Deeds for all real estate
The more detailed information you’re able to gather, the better able your focused divorce attorney will be to protect your financial rights from the outset. If you’re not able to collect everything you need – or don’t have the opportunity to get much of anything – your attorney will effectively address the matter during the discovery phase of your divorce.
Manipulating the Children
If your spouse is attempting to cheat you out of money that you’re entitled to in your divorce, it hurts you, but if your spouse is working on your children in an effort to skew your divorce terms, he or she is hurting your children directly. Texas courts consider such tactics to be a form of parental alienation, and they recognize just how harmful this behavior can be.
Children lack the maturity to separate credible information from outright lies, and they shouldn’t have to sift through information in this way. Additionally, your children have absolutely no control over the changes they’re experiencing as a result of your divorce, and they’re especially vulnerable to suggestion and manipulation at this difficult juncture.
While it can be difficult to accept that a parent would harm his or her own children as a tool in divorce, you should know that it happens and that it can be difficult to stop. Ultimately, it’s impossible to control what parents say to their children, and if your divorcing spouse has an agenda that is designed to affect your child custody arrangements, it’s a serious matter.
Take the following steps to help ensure this doesn’t happen to your children or to nip things in the bud if you do see signs of parental alienation:
Mind your own p’s and q’s by making it your policy not to bad-mouth your spouse in front of your children and not to discuss divorce-related matters with your children – other than the logistics that affect them directly.
Let your children know that you’re there for them and answer all of their questions to the best of your ability – in the context of what they’re mature enough to understand.
Make sure your children have the support they need at this difficult time, including not only your unwavering support but also the support of those they’re closest to, such as their grandparents.
Finally, if you think one or more of your children is having a difficult time – whether with the divorce generally or suspected parental alienation – get them the help they need from a professional counselor or therapist with experience in this challenging topic.
Making False Accusations
Just when you thought it couldn’t get any worse, it’s important to brace yourself for one last tried-and-true technique that some spouses resort to during the divorce process, and that is making false accusations.
This tactic can be as simple as posting ugly but inaccurate information about you online or as devious as assuming your online identity and proceeding to weaken – or attempt to weaken – your relationships with those closest to you.
Most married couples know one another’s usernames and passwords or can easily figure them out, which makes getting up to online shenanigans fairly straightforward. If you’re facing a divorce – even if everything is going smoothly – it’s a good idea to change your passwords early in the process. This measure will reassure you that there is one dirty trick you won’t have to worry about.
Some individuals will go so far as accusing their divorcing spouses of domestic violence or sexual abuse of the children in order to get better terms and punish their partners in the process. While this is an extreme position, some people aren’t ashamed to go there, and if you find yourself on the receiving end of such an accusation, it’s time to take action.
Proving that something didn’t happen is extremely difficult, but Texas courts are well aware of the tell-tale signs of false accusations – especially in the divorce space when there are no prior indicators – and your formidable Round Rock divorce attorney will take immediate action in your defense.
You Need an Experienced Round Rock Divorce Attorney in Your Corner
Brett Pritchard at the Law Office of Brett H. Pritchard is a savvy Round Rock divorce attorney who has seen more than his share of divorce antics and will spare no effort to protect your parental and financial rights – regardless of what your divorcing spouse throws your way.
We care about you and your case, so please don’t hesitate to contact us online or call us at (254) 781-4222 to schedule a FREE consultation today.