​​10 Things That Can Be Used Against You In A Texas Divorce

If you’re facing a divorce in Texas, you might be worried about what your spouse could use against you in court. No one wants their dirty laundry aired out in public, but the reality is that certain things can be used as evidence in a divorce case. In this post, we’ll break down what can and can’t be used against you, so you can be prepared and protect your interests.

1. Fault Grounds

Texas allows for both no-fault and fault-based divorces. If your spouse claims that you are at fault for the breakdown of the marriage, they may use evidence of misconduct against you. This can include proof of adultery, cruelty, abandonment, or felony convictions. While proving fault can be difficult, it may influence the court’s decisions on property division and spousal support.

2. Social Media Posts

In today’s digital age, social media posts can be a significant source of evidence in divorce proceedings. Anything you post online, including text updates, photos, and videos, can be used to demonstrate your state of mind, financial status, or parental fitness. It’s crucial to be mindful of your social media presence during a divorce and avoid posting anything that could be used against you.

3. Text Messages and Emails

Similar to social media posts, text messages, and emails can provide a wealth of information about your actions and intentions. If you send messages that are angry, threatening, or otherwise inappropriate, your spouse may use them to paint you in a negative light. It’s best to keep your written communication civil and avoid discussing sensitive topics related to your divorce.

4. Financial Records

In a Texas divorce, both parties are required to disclose their financial information fully. This includes bank statements, tax returns, pay stubs, and credit card bills. If you attempt to hide assets, underreport income, or otherwise deceive the court about your finances, it can significantly damage your credibility and lead to severe legal consequences.

5. Spending Habits

Even if you’re honest about your finances, your spending habits during the divorce process can be used against you. If you make large purchases, take lavish vacations, or engage in other extravagant spending while claiming to have limited resources, it may undermine your position in negotiations or in court.

6. Parental Behavior

If you have children, your behavior as a parent can be a key factor in determining custody arrangements. If you have a history of substance abuse, domestic violence, or neglect, your spouse may use this information to argue for sole custody or limited visitation. It’s essential to prioritize your children’s well-being and demonstrate that you are a responsible, caring parent.

7. Expert Witness Testimony

In complex divorce cases, expert witnesses such as forensic accountants, psychologists, or appraisers may be called to provide testimony. These experts can offer opinions on the value of assets, the mental health of a parent, or the best interests of a child. If an expert witness provides unfavorable testimony about you, it can significantly impact the outcome of your case.

8. Recorded Conversations

In Texas, it is legal to record a conversation if one party consents to the recording. This means that your spouse may secretly record your phone calls or in-person conversations and use the recordings as evidence in your divorce. Be cautious about what you say, even in seemingly private moments, and assume that anything you say could be used against you.

9. Employment Records

Your employment history and job performance can also come under scrutiny during a divorce. If you have a history of being fired, demoted, or disciplined at work, your spouse may use this information to question your stability or earning potential. If you’ve received positive performance reviews or promotions, be sure to document these accomplishments to support your case.

10. Courtroom Behavior

Finally, your behavior in the courtroom can have a significant impact on the judge’s perception of you. If you are disrespectful, angry, or uncooperative during divorce proceedings, it can damage your credibility and make the judge less likely to rule in your favor. It’s crucial to maintain a calm, professional demeanor and follow your attorney’s guidance throughout the process.

Protecting Yourself in a Texas Divorce

At the end of the day, the best defense in a divorce is a good offense. That means being proactive, honest, and strategic from the start. Some key tips:

• Don’t give your spouse ammunition to use against you. Be on your best behavior and keep a low profile.
• Gather all your financial documents and share them with your lawyer right away. The sooner you disclose everything, the better.
• Stay off social media, or at least keep your posts neutral and uncontroversial.
• Consider alternative dispute resolution methods like mediation or collaborative divorce, which can help you avoid a nasty court battle.
• Most importantly, work with an experienced Texas divorce attorney who can guide you through the process and protect your rights.

At the Law Office of Aimee Stritchko, we’ve helped countless clients navigate the challenges of divorce in Texas. We know what can and can’t be used against you, and we’ll work to achieve the best possible outcome in your case. If you’re facing a divorce, don’t go it alone. Contact us today for a confidential consultation, and let us fight for what matters most to you.