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7 Things Not to Do During a Divorce

Here are seven behaviors that couples engage in that draw the ire of a judge quickly in a divorce situation.    

1. Do not destroy any marital property.  

Seems like an easy task, but this includes throwing out the other’s belongings in a fit of rage and selling any item of value.  All the property in a marriage must be categorized as either separate or community property.  If an item is the other spouse’s separate property (acquired before marriage) you have no rights to it. If it is community property (acquired during the marriage) it must be valued and added to part of the distribution of the community estate upon divorce.  

2. Do not hide or transfer money from your spouse 

Most courts in Austin will have standing orders that go into effect when someone files a divorce petition.  These orders prohibit actions such as hiding money from one spouse, changing beneficiaries on accounts, insurance, and other benefits 

3. Do not cancel any insurances  

Again, most standing orders indicate that you are not to cancel any insurance premiums for any party or child the parties have together.  This is especially true of health insurance.  Keep all insurance policies in place and pay as they were being paid the day before the divorce.  

4. Do not hide the children from the other party 

Do not use the children as pawns.  Each party has equal rights to the children until a judge says otherwise. Unless there is family violence do not deny the other party access to see the children. Do not threaten that unless that person pays child support that they will not see the kids. In Texas, possession and access to the children are NOT dependent upon them paying child support.   

5. Do not put the children in the middle of your disagreements 

Do not let the children see or hear you fight with the opposing party. They are little sponges and take in everything they hear and see and can often tell when their parents are upset even without words.  

6. Do not use the children as intelligence on the other party 

The kids should not be grilled about their time with the other party. Avoid questions like who was there, what did they say, what did they do.  Instead, ask open-ended questions like how was your visit? Did you have a good time? Did you do anything fun? 

7. Do not use the children as your therapist or best friend 

Be very careful what you allow your children to hear about the divorce and any disagreements that you have with the other party. The children should not be used as pawns to align with your opinion of the other side, nor should they be hearing you vent about the other side.  Hire a therapist for that or visit with a close friend and vent.  

Modern Family Law

Modern Family Law’s team of experienced family law attorneys takes a compassionate approach to the practice of family law. Using innovative technology to create an effective and efficient process for our clientele, our attorneys approach each case as a collective effort to find the best long-term solutions for each family. Our attorneys currently practice in Colorado, California, and Texas. Click the following link to view all of our family law locations. For more information please give us a call or fill out a short form online to sign up for a free consultation today! Let us make a positive difference in your life.


Posted November 30, 2021
by: MFL Team

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