In 2022, around 7 out of every 1,000 women in the U.S. filed for divorce. Minnesota had one of the lowest divorce rates, at 5.7%. Even so, going through a divorce can be an extremely difficult and emotional time. Even in no-fault divorce states like Minnesota, your behavior and actions during the divorce process can still be used against you.
With the right legal guidance, you can be aware of how your conduct and other evidence could disadvantage you regarding issues like child custody, visitation rights, spousal maintenance, and property division. At Martine Law, we have years of proven track record in handling divorce cases and will support you throughout this complicated legal process.
Having a dedicated Minnesota divorce attorney on your side is essential to help protect your interests. They can provide guidance on what to avoid doing and how certain evidence could negatively impact your divorce case.
10 Things That Can Be Used Against You in Divorce
Your spouse can use many tactics and behaviors against you during divorce proceedings. Being aware of what can be used against you is the first step to protecting yourself and your family during this difficult time.
Here are 10 key things that your spouse or your spouse’s divorce attorney can use against you in divorce court:
1. Adultery and Infidelity
Minnesota is a no-fault divorce state, so you don’t need to prove wrongdoing to get a divorce. However, adultery can still be used against you. Your spouse’s lawyer might use it to make you look like an unfit parent or someone who misused marital funds.
Adultery is one of the few grounds that allows a judge to award more than 50% of the marital assets to the innocent spouse under Minnesota statute 518.58. Your spouse would need strong proof you committed adultery, such as:
- Photographic evidence
- Testimony from a private investigator
- Written communication
- Your own admission
Even if definitive proof of adultery is lacking, just the suspicion or appearance of cheating can damage your credibility and negotiating position in a divorce. Being open and honest with your Minnesota divorce attorney can help you navigate this sensitive issue.
2. Social Media Posts
Your social media activity always leaves a trail that your spouse can potentially use. Actions that could cast you on an unfavorable side could be:
- Incriminating photos
- Inappropriate messages
- Even venting negative feelings about your spouse
Your spouse’s lawyer can request social media content during discovery. They may also subpoena your posts and messages. What you choose to share online during your divorce could end up being seen by a judge, so it’s wise to refrain from oversharing.
3. Hiding Marital Assets
Attempting to hide assets is illegal, this includes:
- Bank accounts
- Investments
- Real estate
- Other property
Under Minnesota statute 518.58 subd. 1a, spouses have an obligation to fully and accurately disclose all marital property and debts.
If you’re caught hiding assets, a judge may give your spouse a larger share of the property. The court can also hold you in contempt, leading to fines or even jail in extreme cases. Avoid hiding assets, as it will likely backfire.
4. Excessive Spending or Spending Marital Funds on a New Partner
When a divorce is underway, it’s common for one spouse to start overspending from joint accounts. This financial infidelity, known as “dissipation of marital assets,” can work against you. The court may find you squandered or intentionally wasted marital property that would otherwise be subject to an equitable split.
Under Minnesota statute 518.58 subd. 1a, a judge can order you to repay the marital estate for expenditures deemed inappropriate or excessive. Keep your spending reasonable and in line with your usual household budget until the divorce is finalized.
Additionally, using marital money to support a new relationship is frowned upon by Minnesota courts. Judges don’t approve of spouses financially supporting a new partner while still married.
Not only does it show a lack of commitment to the marriage, but it can also constitute misuse of marital assets. The court may interpret this as grounds to award your spouse a larger share of the property distribution.
6. Failure to Pay Court-Ordered Support
If you’ve been ordered to pay spousal maintenance or child support, staying current on those obligations is crucial. Under Minnesota statute 518.6111 subd. 13, failure to pay can damage your credibility and be counted against you when determining:
- Child custody arrangements
- Parenting time or visitation rights
- Future modification of maintenance or support
The court needs to know if you can support your children and ex-spouse financially. Stay current on support payments, or you could lose bargaining power in other divorce matters.
7. Texts and Emails
Text messages, emails, and other forms of communication can be used as evidence in your divorce, even if they were private. Your spouse’s attorney can request these during discovery. To protect yourself:
- Avoid sending angry, abusive, or inappropriate messages
- Be cautious with what you write in texts, emails, or direct messages (DMs)
- Remember, voicemails, chat logs, and other communications can also be subpoenaed
It’s essential to be mindful of your written communications until your divorce is finalized.
8. Domestic Violence and Abuse
In Minnesota, divorce courts take domestic violence and abuse very seriously. Any of the following behaviors could impact your custody arrangements:
- Physical abuse
- Verbal abuse
- Emotional abuse
- Psychological abuse
- Financial abuse
The court considers domestic abuse when making child custody determinations. Any records of violence, abusive behavior, or involvement of police or social services will work against you in a divorce.
9. Drug or Alcohol Abuse
If drugs, alcohol, or substance abuse played a role in your marriage breakdown, your spouse’s attorney may use this against you. A pattern of substance abuse can paint you as:
- Unreliable
- Financially unstable
- Unable to care for your children
Evidence of chemical dependency hurts your case for gaining custody. Seek professional treatment and demonstrate sobriety to offset any accusations of unhealthy addictions.
10. Mental Health Issues
Similarly, any mental health conditions—such as depression, anxiety, PTSD, bipolar disorder, or other issues that impact your ability to parent—could be used against you. Your spouse may try to depict these psychological disorders as evidence that you are:
- An unfit parent
- A negligent caregiver
However, seeking appropriate treatment can help counter these claims and demonstrate a commitment to improving your mental health and making your children’s best interests a top priority.
Contact Our Minnesota Divorce Lawyers at Martine Law Today
Divorce or separation brings many legal challenges. The decisions you make can affect your family and finances long-term, and it is important to protect your rights. Don’t let past actions work against you—get proactive advice from a knowledgeable Minnesota family law attorney as soon as possible.
Our dedicated family law attorneys from Martine Law serves clients across the Twin Cities and Minnesota, offering personalized guidance with a focus on your children’s well-being. Contact us at (612) 979–1305 for a free consultation.
