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Common Mistakes Detrimental to a Favorable Resolution in a Divorce Proceeding

Written by on October 21, 2014

The big thing that really screws people over in a divorce proceeding is social media. You really have to be careful on how you communicate on Facebook or via email or text messaging because all of those things can be traced. All of those statements can be obtained during the discovery process and could therefore be used against you in court.

Usage of Social Media Like Facebook Can be Harmful to a Declarant’s Aspirations

I have seen Facebook both help and hurt a lot of people. You MUST be careful with what you post especially if there are kids involved. No judge wants to see a picture of mom holding a bottle of whisky in her hand with her arm wrapped around some guy at a party while trying to explain why she should have custody of the kids. Wrong answer!

It’s just common sense. If you have Facebook take it down. Further, if you are communicating with the other parent keep it cordial, professional and positive. Keep your conversations about the kids. Let your attorney handle the rest.

Bad Behavior During Divorce and Pre-Divorce Process

It is very important to do the prep work before anything is filed or at least immediately after the divorce petition is filed.

Document and/or record every conversation that you have with the other parent. Keep a calendar of the number of overnights you have with your kids. If you have joint bank accounts and/or credit cards close them. Gather your last three years’ income tax returns. Photograph and inventory all of the property in the marital residence. Get all of this information to your attorney ASAP.

Absconding to another State with Children during a Divorce is Illegal in Indiana

Believe it or not, in Indiana is it is actually illegal to kidnap your own children. You cannot flee the state with the kids once a divorce is filed. Don’t do this because you’ll be looking at felony criminal charges.

If you want to leave the state with the kids the law is very specific. You must file a notice of intent to relocate with the court and serve the other parent by certified mail. A lot of legal specifics exist in this process so contact an attorney to do it for you.

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