Common Mistakes That Can Hurt Your Divorce Case (And How to Avoid Them)
Getting a divorce is often an emotionally-charged time, filled with uncertainty about the future and anger over what has transpired. Many individuals are desperate to get the process over with, making decisions that rarely come with long-term benefits. Financial or personal dishonesty undermines the transparency of the process, which may ultimately harm you.
At Gil Gatch Law, we are available to answer any questions you may have about protecting your assets and reputation. Below are five of the most common mistakes that our divorce lawyers see clients make when filing for divorce.
Hiding Assets
Financial dishonesty only backfires, especially during divorce proceedings. Spouses may attempt to conceal assets by transferring money to family members or friends, delaying the payment of end-of-year bonuses, and underreporting business income on financial disclosure statements. None of these moves yields positive results.
South Carolina divides marital assets under the laws of equitable distribution, meaning the court will divide property based on what is most fair (not necessarily 50/50). While you may not care if your spouse walks away with nothing, providing misleading or false information on court forms could result in being found in contempt of court or guilty of perjury.
Inflating Expenses
Whereas hiding business or personal assets can be damaging, it is just as harmful to inflate your expenses. While you may think that lying about your expenses will go unnoticed, it could trigger an audit by a forensic accountant. A forensic accountant is a financial professional who combines investigative skills with their accounting knowledge to identify fraud in financial statements and disclosures. Our divorce attorneys have a meticulous eye for detail when analyzing bank statements, brokerage and retirement accounts, and financial disclosures. If there is any hint of deception in your records, we will ask a forensic accountant to investigate.
Dissipating Marital Assets
Commonly referred to as revenge spending, you may decide to take that Paris trip you have been waiting years for, sell your diamond necklace, or purchase a sports car. The less you have, the less your spouse will get, right? Wrong. If the court discovers that you have dissipated marital assets through frivolous spending, you may end up with less.
Under the law, marital property is valued as of the date of divorce filing. So, the depreciation of assets or accumulation of debt after you file in court will have no bearing on the value of the marital estate. Once you decide to divorce, you should practice frugality when it comes to spending marital funds.
Posting on Social Media
Digital footprints are permanent, meaning that you may forever tarnish your reputation. Since social media posts are dated and timestamped, they could also be used to impeach you. For example, if you testify that you were at home taking care of your child on a specific date and time, but you have a social media picture showing that you were out with friends, this could impact your custody and visitation rights. South Carolina Rules of Evidence allow this evidence to be used, as long as the court can prove it is relevant to the matter and authentic (i.e., what it claims to be).
Sending Heated Text Messages or E-mails
Angry or threatening messages that are exchanged between you and your ex could be used against you in court. Keep any communications between you and your spouse cordial. Only write to your ex when necessary, such as to discuss who will pick up the kids from school or whether dinner is taken care of—the less communication between the two of you, the better.
Getting Divorced? Speak with Our Summerville Divorce Lawyers
Understandably, divorce can make even the calmest individuals agitated. If you and your spouse are considering divorce or have already begun the process, the legal team at Gil Gatch Law would like to speak with you. Our Summerville divorce attorneys have helped numerous individuals finalize their divorce promptly while settling property disputes that arise. To arrange your free consultation with one of our attorneys, contact us online or by calling (843) 800-2020.