The divorce rate has declined over the past ten years, from 9.7 divorces for every 1,000 women throughout 2009 – 7.6 divorces for every 1,000 women in 2019, as reported by the U.S. Census. Given these figures, divorce continues to be an everyday occurrence throughout America. However, the possibility that a lawyer would find evidence that casts you in a negative way makes divorce much more traumatic. For the quickest divorce possible, Donn W. Prokopius, Chtd. wants to make sure you are aware of the evidence that might be used against you.

Overview of Divorce Proceedings

In Nevada, divorce proceedings are designed to be straightforward and efficient, especially since it is a “no-fault” divorce state. This means that the person asking for a divorce does not need to prove that their spouse did anything wrong, such as infidelity or adultery, to cause the breakdown of the marriage. However, communication between the parties is crucial throughout the process.

Filing for Divorce

Both spouses must fill out and sign several forms to start the process. If filing together, the forms include a joint petition that outlines the terms agreed upon by both parties regarding alimony, division of assets, and other pertinent issues.

Residency Requirements

At least one spouse must have lived in Nevada for a minimum of six weeks before filing. Evidence of this residency, such as documentation from witnesses who can testify to the duration and intent of the stay, is necessary.

Negotiation and Settlement

Many divorces can be settled without going to court through negotiation and mediation. These negotiations typically cover finances and property division, potential alimony, and arrangements for any children involved.

Court Proceedings

If the parties cannot agree, the case may go to court, where each party will present their testimony and evidence. The outcome will depend on the judge’s assessment of the facts presented, including the emotional and financial impact on both people involved.

Understanding Evidence in Divorce Cases

Evidence plays a critical role in divorce cases, especially when disputed matters such as alimony, infidelity, or the division of assets are concerned. Proper documentation and credible witnesses can significantly influence the final decision.

Types of Evidence

1. Financial Records: Documentation of income, expenses, assets, and debts is essential. This includes bank statements, tax returns, and investment accounts.
2. Communication Records: Emails, text messages, and social media interactions can provide insight into the relationship dynamics and any claims of betrayal or poor communication.
3. Testimonies: Witnesses who can testify about each spouse’s character, behavior, and contributions to the marriage and household.

Presenting Evidence

Both parties have the opportunity to present their evidence in court. The judge will consider all aspects, including any allegation of adultery or other factors impacting the marriage’s dissolution. The aim is to reach a fair and equitable outcome that addresses the needs and rights of both individuals.

Emotional Considerations

Divorce proceedings can be emotionally charged, with feelings of betrayal and hurt often surfacing. Parties should manage their emotions and focus on factual evidence to support their claims. Effective communication and clear documentation can help achieve a favorable resolution.

By understanding the legal requirements and preparing thoroughly, both parties can navigate the process more smoothly, aiming for an agreeable settlement or a fair court verdict.

What Can Be Used Against You in a Divorce?

Here are some examples of things your spouse could use against you in a divorce procedure or throughout the prenuptial stage.

It’s crucial to safeguard yourself the best you can throughout divorce, regardless of culpability. Understanding what might be used against you throughout a divorce is essential if you desire everything to go as smoothly and swiftly as possible.

Spending too much

It’s never a great idea to “get back” at your ex-spouse after a divorce, no matter how strongly you want to. It will only result in a longer, more expensive divorce for you both. Spending money that a jury will divide between them is a common way for spouses to strike out at one another. Due to the fact that all personal financial information can be tracked, doing this will result in more punishment for you than for your spouse. This deliberate overspending is frequently referred to as marital waste.

Marital Waste

In essence, marital waste occurs when one spouse purposefully destroys marital property. There are numerous methods in which a spouse can purposefully harm marital property, including:

• Using money from the marriage for adulterous expenses
• Transferring marital funds to a third party prior to a divorce
• Undervaluing marital assets by selling them
• Expending excessive amounts of money from marriage on personal matters
• Using marital funds for gambling and drinking
• Spending marital funds with friends, dating and having sex with a mistress.

Hidden Assets

Similar to wasting marital money or assets, hiding them can quickly complicate a divorce. Considering how much of paperwork each spouse is required to produce throughout a divorce, if you try to conceal anything, the odds are good that you won’t be able to do so for very long. Any act of vengeance you commit against your spouse is reversible and can be tracked.

Romantic Relationships

Beginning new affairs or dating, whether it’s with a mistress or a new girlfriend, before the divorce is finalized can undoubtedly backfire, especially if you are involved in a custody dispute with your children.

Your spouse might be using your new relationship as more evidence that you are careless or adulterous if child custody is not at stake. Your new partner will, however, be carefully scrutinized if you are involved in a child custody dispute (NRS 125A.055) because they might take on additional parenting responsibilities for the children. Additionally, establishing a new love relationship following a difficult divorce can be extremely upsetting for children emotionally. The jury will also take this into account when deciding which parent is best ideal for a child in terms of their physical, mental, and financial well-being.

Social Media

You may wish to use social media to express your feelings and thoughts if your divorce is drawn out and difficult. Or perhaps all you want to share are the results of your history prior to your divorce. This is a bad idea, though, as whatever you post on social media could end up being used against you in a divorce. Indeed, according to the American Academy of Matrimonial Lawyers, Facebook has become the best place to find divorce-related evidence.

Your chances of obtaining a favorable decision will decline, for instance, if you assert that you are not involved in any new romantic relationship while going through a divorce but constantly post images or wall posts about a new girlfriend. Furthermore, it goes beyond what you post. Private messages on Twitter, Facebook, Instagram, and Snapchat may also be utilized against you. Social media can be just as easily tracked as cash. Anything you post online, whether in public or private, is subject to legal investigation and action.

Emails and texts

Similar to social media posts and messages, text messages and emails can also be tracked down and utilized against you. It’s crucial to remember that erasing text messages, emails, social media postings, and conversations won’t shield you if you’ve disclosed too much information or contradicted yourself. All of the above messages and postings can be recovered thanks to modern technologies.

Restraining Order

It won’t be good for you if your husband seeks a restraining order(NRS 125.555) against you during the divorce process (or even prior to the divorce). A spouse may be shielded by restraining orders from:

• Sexual or physical abuse
• Threats
• Being Stalked
• Harassment

Your prospects of winning your divorce and child custody case are slim if your spouse obtains a restraining order over you for any of these reasons.

How Can I Protect Myself During a Divorce?

You may be wondering, “So what should I do during my divorce to protect myself?,” after reading about the things that can be utilized against you throughout a divorce.

Think about residing in the family house if you have kids.

Moving during a divorce may have an impact on custody in the future. Because a judge can rule that maintaining the status quo is within the children’s best interests, moving away without the kids creates a living situation that a judge could be reluctant to change. However, in other circumstances, staying can exacerbate your relationship with your spouse, resulting in more arguments and a miserable home life for the children. You will need to decide what will be ideal for both you and your kids. As an alternative, think about making a short-term pact with your partner to share the family home while the custody as well as divorce issues are being resolved.

Don’t let your spouse leave with the kids and go away.

No one has a greater right than you to remove the kids from the family home than your husband. Make sure your husband understands that while the kids stay, they are free to go if they so want. Again, as a substitute, think about considering making a short-term pact with your spouse to share the house until all the divorce and custody problems are resolved.

Find out as much as you can regarding the divorce process.

Divorce laws and procedures vary from state to state. Despite the fact that every case is unique, the majority of divorces proceed in a consistent fashion, beginning with the filing of such a divorce complaint. Knowing what to anticipate will help you feel less anxious, focus your mental energy on resolving all the difficulties in the divorce, and prepare for the future like a single person. It can be beneficial to read divorce-related articles from reputable online sources (like dwp-law).

Build a support system.

Inform close friends, your mother and other family members who you believe you can rely on about your divorce. Your network of supporters might include anyone, from licensed therapists to close friends and relations. This is crucial, especially if you have children, since you may need assistance with daycare at a court hearing or with finding activities to keep the kids occupied as you work with divorce and financial documents.

Try to reach an agreement.

You cannot utilize the money you spent on your divorce later for your children or for yourself. You’ll likely need a skilled divorce attorney who will represent you in court if both you and the spouse are unable to agree with the terms of your divorce. Try divorce mediation; a mediator may well be able to assist yourself and your spouse with coming to an understanding on at most certain of the divorce’s issues, saving you time (and money) spent litigating those matters in court. You could be capable of filing for an uncontested divorce if you manage to resolve every issue during your divorce, which will eventually save you a lot of time and money.

You may also come up with condition stated in NRS 125.181 for a better agreement with your spouse.

Organize yourself.

Keep a copy of every document related to your divorce in a file, whether it be paper or digital. For all the court papers related to the case, for instance, you should have an easy-to-reference file. Make a divorce-specific calendar where you may list all due dates, hearing dates, meetings, and to-dos.

Check your credit report.

You will be needed to provide thorough records of any assets, financial accounts, and debts during the divorce proceedings. Many of these will be shown in a credit report, which may also bring to memory other accounts you have forgotten about. You can determine whether you need to perform any financial cleanup once you’re totally on your own by understanding your present credit rating and financial condition in general.

Keep personal documents safe and copy crucial documents.

All of your personal records, including the diplomas, birth certificate,  and other documents, should be located and gathered. Make two copies of all jointly owned documents (like bank accounts, real estate documents, tax returns, deeds, titles, and W-2 declarations) and give one to your spouse. Your copies should be kept in a secure area away from the house.

Get a post office box or a different mailing address.

Consider establishing a post office box to assure that only you will be receiving the mail if you’re worried about your husband having access to it during the divorce, especially if you have chosen to establish your personal bank accounts. Register for Informed Delivery through the United States Postal Service to ensure that you receive all incoming mail. Once you sign in to this service, you’ll get morning emails that give you a sneak peek at the mail that’s coming that day later.

Protect your most priceless items.

If you have priceless personal items, like jewelry or even a coin collection, put them in a secure location outside of your home. Additionally, important goods like personal mementos must be kept protected. This only pertains to your private property; it does not apply to public or shared property. As soon as possible, discuss your removal plans with your spouse and let them know when you expect to complete them.

Keep an eye on your assets.

It’s crucial to maintain track of and safeguard all the most important assets prior to filing for divorce. This entails maintaining documents of personal jewelry, cash, cutlery, and other valuables in addition to your financial bills and debts. Therefore, you may verify it by using your records if you discover any assets disappearing during your divorce settlement.

Cut back on unnecessary spending right away.

Each person’s money may be affected by experiencing a divorce, particularly if you’re attempting to find ways to support yourself after the divorce. Decide whether you can cancel any cost or purchases with your spouse, like cable TV, deliveries, or subscriptions. You should only put services in the name of the spouse who wants them if there are any that just one of you uses, such as a streaming subscription that one of you watches.

Contact the police if there is any domestic violence.

Don’t let your partner victimize you or your kids with any form of domestic violence. Call the police right away, request that an officer visit your home, and make a report if your couple is violent or if you feel that yourself or your kids are in danger. Inform your lawyer’s office as quickly as you can by getting in touch with them. If you worry that your partner will carry out violent actions in the future, you may want to think about requesting a restraining order.

Refuse to use any joint credit cards

All shared credit cards should be cancelled after notifying your spouse that you’re doing so. Your shared credit card debts could be reduced by thousands of dollars thanks to this. Additionally, if your partner decides to react through extravagant spending, this will prevent you from accumulating far more credit card debt.

Observe Caution When Posting and Messaging on Social Media

Keep in mind that a lawyer could still recover deleted conversations or posts and utilize them against you. Instead of contacting someone or publishing something online, speak with a loved one in person, if you have secrets, rant that lies about divorce.

Never sign anything before consulting your attorney. 

Therefore, until you get an opportunity to speak with a lawyer, you should refrain from signing anything that your partner provides. You might lose any custody and property issues if you do this. Furthermore, you might be agreeing to something that your attorney won’t be able to change afterwards.

Employ a divorce lawyer

An attorney is not necessary for a divorce case. But having a lawyer is an essential move, particularly if a couple can’t even agree on crucial points. A lawyer can also hasten the procedure while making every effort to make it as pleasant as possible.

Call a Las Vegas Divorce Attorney Today

For the best, fastest divorce possible, you must have a skilled Las Vegas divorce lawyer on your side. We want to help you at Donn W. Prokopius, Chtd. prevent actions that could be utilized against you in a divorce case. We can also assist with child custody disputes. Call us right away to set up a consultation at (702) 474-0500.

 

For more information on how https://dwp-law.com/ can help you on your Divorce case, please contact us at (702) 474-0500, or visit us here:

Donn W. Prokopius, Chtd.

6655 West Sahara avenue
Suite D220 (Building D)
Las Vegas, NV 89146

(702) 474-0500

Divorce Lawyer Las Vegas

Frequently Asked Questions

In the context of a divorce, how can financial negligence be employed against me?

This can be used against you in determining asset division, alimony, or child support if it is proven that you have mismanaged marital finances, such as accumulating debt, squandering marital assets, or neglecting to contribute to domestic expenses.

Can my infidelity be used against me in a divorce?

Infidelity can be employed against you in numerous states, particularly in divorce cases that are based on guilt. Alimony or property division may be influenced by the evidence of infidelity, even in no-fault divorces, if it is demonstrated that marital assets were utilized to finance the affair.

Is it possible for them to use my poor parental decisions against me during a divorce?

Indeed, child custody determinations may be influenced by poor parenting decisions, including neglect, abusive behavior, or rash actions. The child’s best interests are the primary concern of the courts, and they will take into account any evidence that indicates a parent is unsuitable or poses a risk.

Is it possible for my spouse to use my past actions against me during a divorce?

Indeed, a spouse may use your past conduct, such as domestic violence, substance abuse, or criminal activity, against you during a divorce. If the behavior hurts the marriage or family’s well-being, it can affect asset division, alimony, and child custody decisions.

Is it possible for my use of narcotics or alcohol to be used against me in a divorce?

Excessive drug or alcohol consumption can indeed be used against you, particularly in custody disputes. Your spouse’s ability to demonstrate that your substance abuse interferes with your capacity to manage finances or parent responsibly may influence the court’s decisions.

In the event of a divorce, is it permissible for my spouse to utilize my criminal record against me?

Indeed, a criminal record can be used against you, mainly if the criminal activity occurred during the marriage or impacted your spouse or children.. Custody or financial judgments may be particularly detrimental to individuals who have committed crimes that involve violence, fraud, or substance abuse.

Is it possible for my actions during the divorce process to be used against me?

Indeed, your conduct during the divorce, such as your refusal to cooperate, your attempts to conceal assets, or your violation of court orders, can be used against you. The courts do not tolerate dishonesty or non-cooperation, and it can have a detrimental effect on the outcome of your case.

Can testimony from acquaintances or family members be used against me in a divorce?

Certainly, testimony from acquaintances, family members, or other witnesses may be used against you if they have knowledge of your behavior that is pertinent to the case, such as infidelity, substance abuse, or poor parenting.

Is it possible for personal journals or diaries to be used against me in a divorce?

Personal journals or diaries may be admissible as evidence if they are legally obtained and pertinent to the divorce case. The entries that you have written about infidelity, financial dishonesty, or other detrimental conduct may be introduced in court.

Is it possible for my mental health records to be used against me in a divorce?

Indeed, mental health records may be employed against you if they indicate a history of mental disorder that could interfere with your capacity to manage finances or parent. Nevertheless, the courts will evaluate the condition’s management and whether it poses a risk to the spouse or children.