You’re getting a divorce, and your spouse is accusing you of something you didn’t do. Granted, you agree that the marriage isn’t working and that you should go your separate ways. That said, you insist you didn’t do what they’re accusing you of and begin to wonder what they could legally use against you in divorce to convince the judge that their claims are correct.
This is a great question and something our team at Christman | Daniell Attorneys always hears. When seeking a divorce, spouses must decide the grounds on which they will base their request. Sometimes, it’s irreconcilable differences—in other words, no one did anything wrong. Other times, someone is placing blame, such as infidelity, financial mismanagement, abandonment, domestic violence, etc. While these are all acceptable reasons for a divorce, the onus is on that spouse to show evidence of wrongdoing.
Direct evidence can be pretty damning, such as being caught in the act. But if that’s not possible, what else could they use?
What Can My Spouse Legally Use Against Me in Our Divorce?
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Text messages
Text messages can play an important role in your family court case, as they create an electronic record of dialogue that lawyers can use as often exhibits in hearings. For example, sending a barrage of demeaning or threatening text messages could be used to prove domestic violence or show anger issues and an inability to co-parent. Certainly, this can paint you in an unfavorable light, which could impact how the judge views you and what decisions are made throughout the divorce proceeding.
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Social media
Ask any family law attorney how social media could impact a divorce case, and they’ll tell you that online activity can lead to a lengthy list of potential hazards that further complicate your life and your case. Sure, you can quickly delete a Facebook or Instagram post. You could also say you didn’t mean any of what you said. But how many people saw that post before it was deleted? What if they grabbed a screenshot and forwarded the post to someone who might see it as rude, disrespectful, or incriminating?
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Eyewitness testimony
Testimony can include everything from witness statements from friends, family, and co-workers to other individuals who can corroborate what your spouse is accusing you of (history of domestic violence, drug abuse, gambling, adultery, etc.). Eyewitness testimony is huge because it’s not just your spouse saying you did or didn’t do something. Others saw it, too.
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Pictures
They say a picture is worth a thousand words. This is especially true in court, as photo evidence can be used to prove domestic violence, infidelity, and more.
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Credit cards and bank statements
All financial information, whether bank statements, tax returns, credit card receipts and statements, pay stubs, etc., can be used to determine the fair distribution of marital assets. They can also be used to prove whether or not you are hiding or failing to disclose assets, gambling, buying presents for a secret lover, and more.
How Do I Defend Myself Against False Accusations in a Divorce?
If your spouse is accusing you of something and is legally using something against you in a divorce, your best defense is to have proof to the contrary. You may have your own witness testimony, text messages, purchase orders, etc., that exonerate you from wrongdoing. If so, it’s essential to work with a knowledgeable and compassionate family law attorney and lean on them to help you devise a strategy to fight back and counter their untrue statements against you.
The attorneys at Christman | Daniell Attorneys have a unique and refreshing approach to the often turbulent and emotionally stressful disputes arising in divorce, child custody, and other family law cases. Although challenging, our attorneys are committed to supporting and guiding clients through the dark days of marital discord and crisis.
Some cases require aggressive advocacy, where we must deliver the righteous blow of justice, while others require patience, de-escalation, and diplomatic solutions. Especially when children are involved, we help the client develop and execute the best strategies to avoid leaving a wake of destruction, the brunt of which falls mainly on the innocent and impressionable children of divorce.
We aim to protect our client’s interests, equip them for a difficult journey, and deliver skilled advocacy and advice.
Please Call Christman | Daniell for Your Legal Needs Today!
Are you looking for family law services in Texas? Christman | Daniell is your premier choice. With years of experience and a deep understanding of the legal landscape, our skilled team is dedicated to helping families navigate complex legal matters. Whether it’s divorce, child custody, or adoption, trust Christman | Daniell to provide compassionate and effective representation for all your family law needs throughout Collin County.
