Randall Kessler, a divorce attorney based out of Georgia, recently published an article entitled “Top 10 Divorce Clichés.” We often hear these kinds of concerns raised by clients. In particular, clients are frequently eager for the judge to find out what a terrible spouse their soon-to-be-ex is. Of course your soon-to-be-ex was a bad spouse – that is why you are divorcing them!
While bad behavior can sometimes be relevant, in many circumstances, dwelling on it during your divorce case could waste your time, money, and emotional energy. For example, many clients are surprised to learn that their spouses’ act(s) of infidelity during the marriage may have limited relevance to the divorce proceedings. Unless you can show that the act(s) of infidelity led to the breakdown of the marriage or that your spouse spent marital assets fueling the affair, it may not be worth delving into. Additionally, except in very limited circumstances, it is unlikely that showing your spouse was unfaithful will get you more child support or a more favorable custody arrangement.
Divorce is an emotionally strenuous process. Your attorney can help you limit the extent to which you emotionally drain yourself. By giving your attorney all of the information and history regarding your spouse’s bad behavior, your attorney can assess whether it is helpful to your divorce case. Your attorney can also evaluate the most strategic and effective way to use the evidence of your spouse’s bad behavior, including how to present it to the judge.
Posted by Attorney Sarah J. Barbarash. Barbarash represents individuals in domestic matters involving divorce, child custody, paternity, child support, guardianships, and adult abuse, as well as custody and support modifications.