What can be used against you in a divorce?

What can be used against you in a divorce?

Nobody wants their marriage to end in divorce. In our relationship and wedding preparations, the last thing we can think of is the divorce, attorney, custody, or litigations. But unfortunately, the divorce rate is reaching its peak and is continuing to increase. According to the current statistics, around 39% of marriages end in divorce.

The divorce procedure can be emotionally draining, especially if the children are involved. During the proceedings, sometimes the harmless things from the past are brought up, and sometimes the secrets are unveiled in front of so many people.

The only option is to prepare to counter the evidence your ex will bring up in court. You should work closely with an experienced lawyer; doing your research will benefit the case. 

Things that can be used against you in a divorce

Here are some everyday items that can be used against you in a divorce.

Things that can be used against you in a divorce

Social media posts

Your soon-tobe-ex attorney can use your social media accounts to extract information to use against you or embarrass you in court with unflattering stuff. In short, he can use your social media accounts to manipulate the circumstances to prove you are an unfit parent. 

They can use this information to present you as an unfit parent and blame you for an extramarital affair. Limiting yourself from posting on social media during divorce is the best solution. 

Extraordinary spending of the marital assets

Wondering what not to do during a divorce? One of the most essential divorce tips for men and women is to refrain from unnecessary spending. These days, everything is traceable. When you file for divorce, there will be a consideration of the expenditure of the marital assets. 

It means that the court will see if there is a deliberate wastage of marital assets by a specific party. It can be a significant issue if one spouse is involved in conscious destruction.

To go through a divorce, you have to be careful of such things and avoid unnecessary spending. 

There are different ways to prove the unnecessary spending of marital assets. It involves:

  • Selling property at a lesser price.
  • Involvement in the illegal activities
  • Spending money on business ventures
  • Transferring money to another person before the divorce

Private text messages

Many examples exist but remember the Johnny Depp and Amber Heard divorce trials. In their divorce proceedings, text messages were taken as evidence of their divorce. However, according to the experts, they must meet specific criteria to be considered evidence. 

They have to be relevant to the case. For example, a spouse is admitting to their friend that they were drinking while driving their kids. It’s relevant to the matter as the parent is endangering their kids. 

If a partner makes subjective comments about their other half, it will not be considered evidence. 

Hidden assets

Hidden assets are another thing that can be used against you in the divorce proceedings. It can ruin the chances of getting alimony. Digging up the assets is the dirty divorce trick that will only make child support complex. 

If you ask for child support, the spouse can dig into your hidden assets to prove that you don’t need the amount you are asking for. 

Undisclosed investments, valuable property, or offshore bank accounts are the type of hidden assets that your ex’s lawyer can use against you. It can also result in an unfavorable property division settlement.

Lying on the divorce paper about your finances will complicate the case. 

Intentional delay in the divorce

The stall and delay are the divorce dirty tricks that can make the procedure lengthy and complicated. Your ex can do it to buy more time to pull up some tricks or make you give up and accept his condition. 

Such stalling tactics include the dragging of divorce by not signing the paperwork and rejecting all the negotiation terms. In such cases, it’s best to visit a divorce lawyer and make him aware of all these complications. 

Acting out of anger

Due to their personal divorce case nature, some people declare an open war. It’s not the right attitude to do anything. Instead of hurting your ex-partner, you should focus on the case to get the best results.

When you let your emotions dictate your behavior, your ex’s attorney can use it against you. It will make you an unreasonable and unfit parent to the kids. 

Substance abuse history

If you fight for your children’s custody, drinking habits and drugs can make it difficult. Fighting with drug addiction is enough to prove to the court that you are an unfit parent and your children are not safe with you.

A history of substance abuse can also impact the alimony procedure. If you can’t work due to substance abuse, the lawyer can argue that you don’t need to receive much in alimony or child support. 

Extramarital affair

These days, there is an increasingly high percentage of no-fault divorce. In a no-fault divorce, it doesn’t matter why a spouse is asking for a divorce. The case is that both parties agree that they don’t want to be together for extended periods. 

Even in cases of adultery, the court may not care unless it’s proven that the partner is spending their marital assets on the extra-marital affair. Extramarital affairs are not the morality police, and if it’s established that the person contributing to divorce is a danger to the child, you can lose custody. 

For instance, a relationship with someone with a record of serious crimes or child abuse will make you lose custody. 

False allegations

When one spouse doesn’t get custody of their child, they think the hearing is not going their way. In such situations, the most common thing people do is make false allegations. 

Such tactics aim to make the other parent a wrong person who doesn’t deserve visitation rights or limit their visitation rights. Some common false allegations include:

  • Drugs or alcohol abuse
  • Domestic violence
  • Criminal behavior
  • Child neglect and abuse

When there are specific false allegations against you, try to be more open with your attorney regarding the issues. It’s crucial to be open and honest with an attorney so that they can guide you appropriately.


How do I protect myself from a nasty divorce?

Here are some common ways to avoid a nasty divorce:

  • Avoid lawsuits
  • Get an experienced lawyer
  • Educate yourself
  • Stay active during proceedings
  • Be flexible
  • Make sure to do a Cost-benefit analysis beforehand
  • Keep your priorities straight

What to keep in mind during divorce?

Here are the few things you must remember during divorce:

  • Organize your financial paperwork beforehand
  • Make a list of your belongings
  • Sort out the divorce details
  • Discuss the divorce
  • Get support
  • Make plans for the children
  • Hire an experienced attorney

What is the biggest challenge of divorce?

The most common difficulty while facing divorce is the management of your own emotions. You may mourn the loss of the relationship and feel overwhelmed and emotional about the amount of work in front of you. Divorce is a challenging phase of life, no matter the issue behind it. 

What are the common reasons for divorces?

According to the studies, the most common reasons for divorces include the lack of commitment, arguments and conflicts, extramarital affairs, and lack of physical intimacy. Some other reasons include the difference in the interests and incompatibility between the partners.


In simple words, divorce is a messy and painful experience for every person. It can be beneficial to seek marital counseling and meditation to help manage conflicts and emotions during the complex divorce process. 

Many things can affect the divorce, including your social media presence, substance abuse, history of physical or emotional abuse, or extraordinary expenditure of marital assets.

Knowing what can be used against you in court and having an open conversation with the lawyer can help determine the best way to resolve the issues and get a divorce. 

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