A California divorce can become especially difficult should you have a spouse who attempts to use one of the following tactics. To make the divorce process go as smoothly as possible, try to avoid reacting to a spouse who attempts or uses these tactics.
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Common Divorce Tactics
Common Divorce Tactics that are used during divorce include actions that often cause one spouse to incur additional expenses or to become frustrated and concede to the other spouse’s request.
California Conflict of Interest
Creating a conflict of interest for a divorce attorney is one of many common divorce tactics and an effective way of limiting the other spouse’s availability to legal counsel or preventing them from gaining affordable legal services. Some attorneys are known for aggressive divorce tactics while others offer free consultation. All one spouse has to do is to meet with these attorneys (or their law firm) and share enough information to create an attorney-client relationship. Once done, that particular attorney (or firm) will be prohibited from representing the opposing spouse.
Stall and Delay
Common divorce tactics include the spouses who drags their feet in responding, request continuances, or otherwise create hardships that may postpone a routine divorce proceeding for months or even years. By repeatedly rescheduling court hearings and/or filing excessive motions and requests for evidence, one spouse can force your legal costs to skyrocket, while extending the time during which you must cover living expenses. The motivation for this common divorce tactic is the hope that the other spouse will run out of money and be forced to agree to an unfavorable settlement offer.
Rush to Settlement
While some spouses stall and delay, others instead attempt to pressure the other spouse to quickly wrap up the divorce. The purpose behind this common divorce tactic is to prevent the other spouse from discovering hidden assets or other harmful information. You may see this when, early in the divorce process, the other attorney delivers a proposed settlement for you to review. This is most likely an indication that your spouse wants to conclude the divorce quickly and for you to settle for what appears to be a reasonable offer.
The problem being that you have not had time to receive and review all the requested discovery documents. This deprives you of a knowing about key financial matters such as, the extent of the marital assets, income sources, expenses, debts, etc. This tactic is often used when there is a business that is run and operated by one spouse.
Deny or Limit Access
Common divorce tactics include denying or limiting access to financial information. We see this when one spouse controls all financial matters and the other spouse is not particularly savvy about the family finances. Consequently, only one spouse can access bank accounts, IRAs, stocks, or is the only one listed on property. By controlling the family finances, this spouse can cancel credit cards, move funds from family accounts and even change beneficiaries on their life insurance policies without telling the other spouse.
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