Divorce can be a difficult process, and unfortunately, some people will resort to sneaky tactics to try to gain an advantage. These tactics can be harmful to you and your family, and it’s important to know how to recognize and fight against them.
Here are some of these tactics and measures to counter them.
Sneaky financial divorce tactics
Are you concerned that your spouse may be hiding assets or using other sneaky financial tactics in your divorce case? Unfortunately, it’s not uncommon for individuals to attempt to keep assets hidden or undervalue them during the divorce process.
Here are some examples of sneaky financial divorce tactics:
- Hiding assets: A spouse may try to conceal assets by transferring them to a friend or family member, or by creating a fake debt to justify the disappearance of funds.
- Overvaluing debts: A spouse may inflate the value of debts, such as a mortgage or credit card balance, in order to reduce the value of the marital estate.
- Underreporting income: A spouse may try to reduce the amount of spousal support or child support payments by underreporting their income.
- Delaying financial disclosures: A spouse may stall or delay the disclosure of financial information to gain an unfair advantage in the divorce settlement.
- Running up debt: A spouse may incur excessive debt in order to saddle the other spouse with a disproportionate share of the financial burden.
- Liquidating assets: A spouse may sell off assets, such as stocks or real estate, without the other spouse’s knowledge or consent.
- Sabotaging credit: A spouse may intentionally damage the other spouse’s credit score by opening new accounts or running up debts in their name.
It is important to consult with a qualified divorce attorney to protect yourself from these and other sneaky financial tactics.
Here is how you can counter these sneaky financial tactics
Get a Complete Preliminary Declaration of Disclosure, Including Attachments:
It is essential to insist on obtaining a complete preliminary declaration of disclosure from your spouse. This document includes a list of all assets and debts, income and expenses, and other important financial information.
Don’t Waive the Final Declaration of Disclosure:
Even if you and your spouse reach a settlement, it is crucial not to waive the final declaration of disclosure. This document confirms that both parties have provided all required financial information and is necessary to complete the divorce process.
Review Personal and Business Tax Returns Carefully:
Personal and business tax returns can provide valuable information about your spouse’s financial situation. Make sure to review them carefully with the help of a tax professional.
Subpoena Your Spouse’s Employer:
If you suspect your spouse is hiding income, consider subpoenaing their employer for records. This can reveal additional sources of income or benefits.
Subpoena Your Spouse’s Financial Records from the Source:
It is important to obtain financial records directly from the source, such as banks, investment firms, or other financial institutions. Subpoenaing these records can help uncover hidden assets or income.
Subpoena Your Spouse’s Business Records:
If your spouse owns a business, it is crucial to obtain records related to the business’s finances. This can include financial statements, tax returns, and other documents that may reveal assets or income.
Engage Liberally in Discovery:
Discovery is the process of obtaining evidence from the other party in a legal case. In a divorce, this can include subpoenas, requests for documents or admissions, and depositions. Engaging liberally in discovery can help uncover crucial information.
Hire a Forensic Accountant:
A forensic accountant can help uncover hidden assets, trace sources of income, and provide expert testimony in court. Hiring a forensic accountant can be especially helpful in complex divorce cases.
Hire a Private Investigator:
A private investigator can help gather evidence related to infidelity, hidden assets, or other issues that may affect the divorce settlement. However, hiring a private investigator can be expensive, so it is important to weigh the potential benefits against the cost.
Hold Your Spouse Accountable Through Sanctions Requests and Contempt Actions:
If your spouse fails to comply with court orders or provide required financial information, you may be able to seek sanctions or file a contempt action. These actions can hold your spouse accountable for their actions and help ensure a fair divorce settlement.
Sneaky child custody tactics during divorce
Child custody can be a highly emotional and contentious issue during divorce. Unfortunately, some spouses may resort to sneaky tactics to try to gain an advantage. Here are some sneaky child custody tactics to be aware of:
- False accusations of abuse or neglect
- Limiting or interfering with visitation or communication with the other parent
- Making false promises to the child to gain their loyalty
- Using the child as a messenger or spy to gather information about the other parent
- Scheduling activities or appointments during the other parent’s visitation time
- Refusing to cooperate with the other parent in making important decisions about the child’s welfare
- Attempting to turn the child against the other parent through negative comments or behavior
- Falsely claiming that the other parent is unfit or unstable
- Relocating without providing proper notice or obtaining court approval
- Refusing to attend mediation or cooperate with court-ordered evaluations or assessments.
- Moving away: A spouse may move away with the child without the other parent’s consent or knowledge, making it difficult to maintain a relationship with the child
Divorce is never easy, but it can be especially challenging when children are involved. Unfortunately, some parents will stop at nothing to get what they want, including using sneaky tactics during child custody battles.
But don’t worry – there are steps you can take to protect your children and ensure they are not used as pawns in the process. Here are nine countermeasures to help you defeat unscrupulous tactics of such parents on child custody issues.
Advocate for Your Child: Don’t Settle for Less Than Their Best Interests
Your child’s well-being should always be your top priority. If you feel that your child’s best interests are not being served, do not settle for a custody agreement that you know is not in their best interest. Speak with an experienced family law attorney to explore your options.
Pay Attention to Warning Signs: Protect Your Child From Harmful Situations
Pay close attention to any warning signs that may indicate your co-parent is engaging in sneaky tactics. For example, if they are consistently late for parenting time or refusing to communicate with you about important issues, this may be a sign of trouble.
Keep a Record: Documenting Offensive Conduct Towards Your Child Can Help Your Case
If your co-parent is speaking negatively about you in front of your children, or engaging in other offensive conduct, make sure to document it. This can be helpful if you need to go to court to address the behavior.
Seek Expert Help: Getting Child Custody Experts Involved Can Benefit Your Child’s Well-Being
If you feel that your co-parent is engaging in sneaky tactics during child custody proceedings, consider getting child custody experts involved. This may include a custody evaluator, parenting coordinator, or child therapist.
Act Promptly: Don’t Hesitate to File for Modification of Child Custody if Needed
Do not delay filing a modification of child custody or parenting time if the facts merit it: If you believe that your co-parent is engaging in behavior that is not in your child’s best interest, do not delay in filing for a modification of child custody or parenting time.
Delaying can make it harder to prove your case in court.
Defend Your Child’s Safety: Hold the Other Parent Accountable for False Allegations of Child Abuse
Hold the other parent accountable for false allegations of child abuse outside and inside the courtroom: False allegations of child abuse can be devastating for all parties involved. If your co-parent is making false allegations, make sure to hold them accountable both outside and inside the courtroom.
Uphold Court Orders: Taking Action for Violations of Court Orders Can Help Your Case
Hold the other parent accountable for violations of a court order through a contempt action: If your co-parent is violating a court order, you may be able to hold them accountable through a contempt action. This can help ensure that your co-parent follows the court’s orders and does not engage in sneaky tactics.
Recognize Parental Alienation: Document and Take Action to Protect Your Child’s Relationship with Both Parents
Document and take court action when you see the parental alienation: Parental alienation occurs when one parent tries to turn the child against the other parent. If you see signs of parental alienation, make sure to document it and take court action if necessary.
Consider Parallel Parenting: Choosing a Different Co-Parenting Method Can Benefit Your Child in High Conflict Situations.
Consider parallel parenting as a viable alternative to co-parenting when dealing with a high conflict parent: Parallel parenting is an alternative to co-parenting that is often used when dealing with high conflict parents. This approach involves disengaging from each other as much as possible and focusing solely on the needs of the child.
Divorce and child custody battles can be difficult, but by being aware of sneaky tactics and taking proactive steps to protect your child, you can help ensure that their best interests are served.
If you need help navigating the process, be sure to consult with our experienced family law attorneys.
