Let’s face it, divorces can be messy. They can even be downright underhanded depending on the tactics one spouse launches on the other. Hiring an experienced divorce attorney can help you neutralize these dirty tactics, and even avoid them altogether.
Creating a Loop of Attorney Conflicts
If one spouse decides to consult with an attorney concerning the desire to divorce, but ends up not hiring them, it is against the rules for that attorney to then represent the other spouse if they were to come looking for representation. To create a conflict loop with attorneys, all the spouse needs to do is share information concerning the particulars of the case during the consultation. Once they do, the consulting (but not hired) attorney will be prohibited from representing the other spouse. Imagine a scorned spouse making appointments with the best attorneys all over town just to make sure their spouse has trouble finding representation. It may sound outlandish but happens more often than you could ever imagine.
Avoiding this tactic: Once you know divorce is inevitable, don’t hesitate contacting a divorce attorney that’s most qualified to help you.
Inside Job: Cleaning Out Bank Accounts & Maxing Out Credit Cards
Many relationships have one spouse handling the finances as part of their duties. In a heated divorce situation, that spouse may decide to wreak financial havoc in a blaze of glory. Cleaning out joint bank accounts, maxing out existing joint credit cards, opening new lines of credit and maxing them out as well are all ways that a fuming spouse can attempt to cause maximum harm financially.
Avoiding this tactic: If you’ve allowed yourself to be financially ignorant in your marriage (it happens) be sure to gain access to all of your financial records immediately. Run your credit report (free in many places) and look for new accounts and balances. You can freeze your cards and credit to ensure no more damage takes place as things are heating up.
Destruction of Property
One spouse leaves the home behind and move in with their “new” lover. The spouse that stays behind decides to destroy the house like a 70’s rock band at a seedy hotel. The cheating spouse doesn’t deserve half of the proceeds from the sale of their beautiful home, even if it costs them too! The satisfaction of destruction was worth more to them than the backend loss they’d suffer on the sale of the house.
Avoiding this tactic: If you’re the one moving out of the jointly owned house, get an agreement in writing as to the house is going to be cared for. If you can maintain access to the house, all the better. If it’s within your budget, you may want to pay for routine care of the home such as lawn care and using a cleaning service for the inside of the home. That way you at least have a set of eyes on the house on a regular basis if you can’t be there. If you both already know and agree on selling the house, putting it up for sale as soon as possible will also mitigate the risk that the home will suffer intentional damage.
Hiding Assets
Just because it’s illegal doesn’t mean that people won’t try to do it. Although illegal and just plain wrong, spouses will roll the dice and try hiding assets during the divorce. Look for things like:
- Safe Deposit Boxes
- Underreporting Taxes
- Opening Hidden Bank Accounts
- Buying “things at garage sales”
- Buying “gifts” for family members
Avoiding this tactic: Catalog any curious financial behavior or recent purchases your spouse has made. If anything stands out, or if they’ve suddenly become interested in collecting baseball cards, have it all appraised. Look for unusual transactions in your bank accounts and question everything. Having experienced attorneys in divorce cases on your side can help you short circuit this behavior as soon as something seems off.
We Have to Settle Right Away!
Yesterday you were served with divorce papers and today you received a settlement offer from your spouse’s attorney. Unless you’ve already agreed to everything with your spouse before the papers were served, and it’s an uncontested divorce, your Spidey senses should be going of big time. A fast settlement offer combined with pressure from your spouse or their attorney on why you need to sign right away should have you hitting the brakes. If someone is trying to settle that fast, they likely have something up their sleeve and they’ll be laughing all the way to the bank after you sign a settlement you had no business signing without proper due diligence. This is exactly how people get railroaded and cheated in a divorce settlement.
Avoiding this tactic: Until you’ve had the time to receive and carefully review all the discovery documents requested after a complaint for divorce is filed, don’t sign anything. You may be missing key information that could leave you in a horrible spot should you decide to just rush and sign the paperwork. No one wants divorce to drag out forever, but by taking your time and speaking to your lawyer, you will ensure you’re not missing anything critical in your quest for your best possible outcome.
Often, the parties agree to get a divorce and neither party will stoop this low – and then maybe they will. You need to be prepared for either scenario and the best thing you can do is to hire an attorney who knows how to counter these kind of games.
When you hire Plotnick Law know that we are on to these kind of tactics that some parties undertake to win an advantage over the other spouse.
Call attorneys Marc Plotnick and Paul Horning of Plotnick Law Firm at 1-727-577-3300 if you need representation in a dissolution or post-dissolution matter.
With more 25 years’ experience, the attorneys at Plotnick Law know the laws on dissolution and post-dissolution proceedings and will protect you, your family and your assets.
Our approach to handling your case is results-focused: we strive to obtain the best outcome possible given your particular case. We offer knowledgeable and compassionate legal guidance in personal injury, family law and criminal defense cases. Call us today – 1-727-577-3300. We are here to help!
