Strategies for Fighting Back Against Sneaky Divorce Tactics

Married couples in California have a statutory fiduciary duty to each other that lasts the duration of the marriage — including during divorce proceedings. This means that the parties have a legal obligation to act in good faith and to refrain from taking advantage of each other. Unfortunately, not all divorcing couples live up to that behavior, and it is not uncommon for one or both spouses to engage in sneaky, underhanded, or otherwise reprehensible conduct during the divorce process. Below are a few of the most common sneaky tactics our Stockton family law attorneys see, as well as strategies for fighting back against them. 

Hiding Income and Assets

California family law requires each spouse to make a full financial disclosure to the other upon divorce to ensure adequate property division. In an attempt to circumvent full disclosure, some spouses hide income or undervalue their assets. Hidden assets are especially serious in high-asset divorces, where the spouses have access to more sophisticated methods for concealing money. The long-term solution to hiding assets is to keep detailed financial records. If you haven’t been doing that, you might need to hire a forensic accountant. 

Quitting Jobs or Reducing Income 

Instead of (or in addition to) hiding assets, some spouses lower their income in an attempt to minimize their potential alimony or child support obligations, whether by quitting their jobs or taking a lower-paying one. What most people don’t know, however, is that courts can order alimony and child support based not only on a party’s earnings but on their earnings capacity. If you can demonstrate that your spouse is attempting to avoid their post-divorce financial obligations, the court may impute income to them. 

Delaying the Divorce Process  

Some individuals believe (wrongly) that they can avoid divorce by refusing to cooperate, filing frivolous motions, or shutting down communication. Others do these things merely out of spite. In addition to filing motions to compel, your attorney may move for an award of attorneys fees and court costs, which courts may award against parties whose conduct “furthers or frustrates the policy of the law to promote settlement of litigation.” Such amounts can be substantial. 

Alienating Children From the Other Parent 

Parental alienation occurs when one parent attempts to turn the children against the other parent, either through outright lies or by disclosing unfavorable information the children do not need to know. While it is not unlawful, courts take it very seriously, and credible, well-documented allegations of parental alienation can often move the needle in child custody disputes.   

Fight Back Against These and Other Tactics With Assistance From a Stockton Family Law Attorney

If you’re dealing with sneaky tactics in your divorce — and there are many more than just those listed here — you should consider working with an experienced attorney to overcome them. For more information, please contact a Stockton family law attorney at McKinley, Conger, Jolley & Galarneau by using our online form or calling us at 209-477-8171.