What Can Be Used Against You in a Divorce?

what can be used against you in a divorce

If you intend to get a divorce, you should know some common things to keep in mind at the time of divorce. 

A divorce complaint, also known as a petition for divorce, may be filed for divorce by any spouse. The divorce procedure legally begins when the other spouse is personally served with a copy of the divorce petition. Couples may be able to quickly settle their divorce outside of court, either independently or with the assistance of a mediator or attorneys. In other cases, a divorce proceeding could take months or even years.

Divorce can be filed for various reasons, but ultimately, the court will only grant a divorce if sufficient legal grounds exist, which can vary. You’re required to prove the irretrievable dissolution of your marriage, and it must fit into legally prescribed categories. If you file a case, your partner can find evidence to use against you, which leads to a heated argument in court. Here we discuss some common things in divorce and what can be used against you in a divorce.

What are the Legal Grounds for Divorce?

Each state has different legal grounds. However, there are three grounds for filing for divorce in the United States which are:

No-Fault Divorce

Divorce is regarded as a no-fault divorce in the US. It means one person wants to dissolve the marriage. In that circumstances, they are entitled to terminate the relationship without giving a reason. That person does not have to discuss their spouse’s faults or how much they want to leave them to end the marriage.

Fault Divorce

The fault-based divorce allows the person to take full responsibility for their marital problems. In a fault divorce, it is possible to ask for a permanent separation so both parties can follow their personal goals without thinking about marriage.

Least Fault Divorce

The least fault divorce means when one of the spouses commits a less severe fault and files for divorce against the other spouse. If no one has an objection, the court will grant a least-fault divorce request submitted to the court.

What Can Be Used Against You in a Divorce?

Financial Records

The court will evaluate the partners’ income for child support and financial capabilities to determine spouse maintenance. Each spouse must file initial financial disclosures with the courts, outlining their known assets, sources of income, and debts. Additional sources of financial proof for your divorce case might be needed, including tax returns, pay stubs, receipts for childcare bills, employment records, and more.

Evidence of Your Parenting Style

Child custody is a prominent area of contention in most divorce cases. You could use a variety of evidence in a custody battle to support your parenting skills or demonstrate why your ex-spouse is unsuitable for sole or primary custody. Evidence demonstrating you are a capable and involved caregiver for minor children, such as records of your participation in the child’s daily care, meal preparation, academics, and extracurricular activities, may be required.

Character Witness Statements

Character evidence can be used to sustain one party’s argument. A court may learn more about a witness’s character and interactions with the children through testimony or written comments from those witnesses. However, if you plan to rely on character witnesses, make sure that specific examples support their evidence. 

Social Media Usage

Many people are unaware that whatever they post on social media, even if their private profile, can be used as proof in court during a divorce. Anything posted on social media could be used as evidence in court. Because of this, avoiding social media while your divorce case is in court is crucial. Anything you publish online could be interpreted and used against you by your spouse’s lawyer.

Digital Records and Text Messages

However, text messages can be used as proof. As potential sources of evidence in your divorce case, keep all text messages you exchanged with your ex-spouse. If there is a reason to demand this information, such as one spouse trying to show the other is a drug addict or trying to hide assets, private chats on any platform may be accepted as evidence.

Making False Allegations

Making false allegations is a devastating and, sadly, frequent strategy used by a spouse when they don’t obtain the custody decision they want or believe that custody hearings won’t go their way. To get sole custody or restrict the other parent’s rights is intended to damage the other parent’s reputation in the eyes of the court.

Allegations that frequently result in loss of custody include the following:

  • Child abuse or neglect
  • Domestic violence
  • Criminal behavior
  • Addiction to drugs or alcohol
  • Refusal to abide by custody orders issued by the court

A spouse may use records from the police department or Child Protective Services to show that the person is a danger to the child.

How to Protect Yourself in Divorce?

Get an Attorney

If you and your spouse can’t decide on the terms of your divorce, you’ll end up in court. You need to hire a skilled family law attorney to represent you in court.

Cancel the Joint Credit Cards

Meet your spouse and tell them that you intend to cancel the cards. You will likely be liable for the $5000 credit card debt if the card is jointly held and you have separated or divorced.

Separate Debt to Financially Protect Your Assets

Divorce has no impact on credit card companies. Any debt your spouse accrues on joint accounts is still your responsibility. It is best to leave marriages with no debt or with just your share of it. If you have the funds available to pay off your combined credit cards, You can divide the debt in half, transfer it to separately held cards, and then cancel the combined ones.

Protect Your Valuable Property

If you have valuable properties, secure them. This all shall be considered as personal property of yours. So, protecting them from your spouse is very important.

Reduce Expenses

You must reduce your expenses with your spouse once you decide to separate. These will help you to save money.

Avoid Signing Anything

Many people have mistakenly signed documents or preliminary agreements, which caused property and custody battles. You might be consenting to something that cannot subsequently be amended (changed) by an attorney. Never do it! If your spouse asks you to sign something, respectfully respond that you’ll be happy to but that your lawyer “directed you not to sign anything” until they have had a chance to review it.

Contact Police If There is Any Domestic Violence

Never allow your partner to abuse you or your children at home. Make an immediate call to the police, request that an officer visit your home, and submit a complaint. Inform your lawyer’s office by getting in touch with them as soon as possible.


The divorce procedure differs depending on the couple’s circumstances, even though divorce is prevalent in the United States. Short-term marriages without children are less complex and time-consuming than long-term unions with substantial property entanglements, marital debt, and young children. Furthermore, divorces involving child custody, child support, property division, debt distribution, and spousal support are less expensive and stressful than divorces involving disputes or refusal to work together.

The partners can put allegations and other evidence for the custody of a child. Some divorces involve domestic abuse, and thus it is important to hire a family lawyer to help you with such allegations. Here we discussed what can be used against you in a divorce for the custody of a child and to win the case.


What is the legal ground of divorce?

Fault divorce, No-fault divorce, and less-fault divorce are the ground for divorce.

Is it important to hire a lawyer for a divorce case?

In some cases, the partners won’t agree to terms and end up in court; thus, a family lawyer can help you to win your case.

How long does it take for divorce?

A divorce case may take months or years.

What should you do before filing for a divorce?

Cancel your credit cards, and protect your money and valuable assets from your spouse.

What are the allegations made against you in divorce?

Child abuse, drug addiction, bad parenting, criminal records, etc., are the allegations against you in divorce.