Three Things Not To Do Before Filing or During a Divorce
During a divorce, emotions are flying high and it is easy to react and do things that may not be in your overall best interest. Here are three things we recommend you not do before filing or during divorce proceedings.
Buy a Property
Sometimes people want to separate, and they immediately go and buy another property, such as a new condo or a smaller property to live in. If this property is bought during the marriage, it may become a marital asset, which would be subject to divorce proceedings. However, if you have a pre-nuptial or post-nuptial agreement stating that all property is separate, this may not be an issue. But if there is no premarital or post-marital written agreement, consider renting a property until there is a final judgment in your divorce to minimize the risk associated with a new property.
Post Poor Behavior Online
Separation and divorce are not easy, but it is imperative that you do not post anything explicit that may reflect poorly on you on social media sites. Remember, once something is online, there is no going back and it will be there in some way forever. If you post online or send messages to others showing your bad behavior, it may be admissible in court and can be used against you. This is especially important if there are minor children involved in your case. The court will be evaluating what is in the best interest of the child and the judge does not know either party, so the other side could potentially use that social media post or message against you and to their favor for the determination of your minor child’s time-sharing, parenting plan or parental responsibility. In short, if you would not do it or say it in front of the judge, do not message it or post it.
Disrespect the Other Side
Perhaps one of the most important things in a divorce proceeding is that you treat the other side with respect, especially if there are minor children involved. Treat the other side the way you would like to be treated. Additionally, if you disrespect the opposing party over voice mail, social media direct message, or text message, this can and will also be used against you. Before saying anything, think to yourself, “How would this sound in court?” If you are having a hard time with this, try to keep communications with your spouse short and business-like. Only responding or communicating regarding necessities.
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