Going through a divorce is not an easy process. Particularly if your spouse did not want a divorce, there are harsh tactics he or she may utilize to make the proceedings even more difficult for everyone involved. Our divorce attorneys can help protect you in these situations, but it is important to prepare yourself and to assess the potential risks.
Ways Your Spouse Can Make Your Divorce More Difficult
The New Jersey Statutes provide legal guidelines to ensure the divorce process is fair and goes as smoothly as possible. However, harsh and aggressive actions your former spouse may take can result in time consuming and costly delays, while jeopardizing your well-being and your rights in certain situations. Three common areas in which this is likely to occur include:
If you are the one who files for a divorce, your spouse may refuse to cooperate. He or she may evade service of the divorce petition or refuse to comply with any court requests. If your spouse is served but does not respond to the petition, this can work in your favor. Provided there is evidence that he or she received the appropriate documents, an automatic judgement may be granted on your behalf.
Other harsh tactics include accusing you of improper acts, such as having an affair, and making fraudulent or frivolous legal filings. There are strict rules regarding such filings and your spouse can face serious penalties for attempting to interfere with court processes. These actions may also entitle you to a larger portion in your divorce settlement.
Division of Property and Assets
One of the most common actions taken by disgruntled spouses in divorce proceedings is draining all financial accounts or running up debts. Speak with our experienced Milltown divorce attorney immediately if you suspect this is happening. We can put the proper legal documents in place to protect you and help you get compensation for any losses through your divorce settlement or order.
Another common tactic is attempting to destroy, give away, or hide assets. A spouse may do this to avoid having to share them with you in marital property division proceedings. An investigation into your bank accounts, past tax returns, and Middlesex County property records can often help to determine if this is occurring.
Using children as a means of getting back at you for filing a divorce is unfortunately common. Your spouse may refuse to provide any child support until ordered to do so by the court. Even then, he or she may attempt to work under the table, hide income, or flat-out refuse to pay. The New Jersey Department of Human Services can aid in enforcement efforts. This includes garnishing wages, seizing money in their personal accounts, and suspending their driving privileges or professional license until the debt is paid.
Another common tactic is sabotaging child time sharing plans. Your spouse may be late to pick up the child for pre-arranged visits, cancel suddenly, or refuse to return them. Your spouse may also bad-mouth you to the children or attempt to turn them against you. In addition to jeopardizing his or her own parental rights, your spouse can face serious penalties for these types of actions. Our family law attorneys can guide you in the steps you need to take to stop or prevent this behavior.
Our Middlesex County Divorce Attorney is Here to Help
When your spouse attempts to use harsh tactics against you during divorce proceedings, the Law Office of Jordan B. Rickards, Esq. provides the strong, professional legal representation you need to protect yourself. To discuss your options and how we can assist you, reach out and call or contact our Milltown divorce attorney online to request a consultation today.