Divorce Behavior Matters: Don't Be The Bad One

Divorce Judges have many questions to sort out when parties appear before them. Some of the most important questions are who is telling the truth and are the parties behaving well or poorly and if so does one party need to be protected from the other. Credibility is critical so that the judge is inclined to believe what you or your attorney states in their presentation and answering questions from the court.

If one party is being financially abused, if children are being used as pawns, if parenting time is not being permitted and/or encouraged, if normal usual bills are not being paid, if cars are being taken away, if assets are disappearing or being withdrawn under questionable circumstances, if there is domestic violence, drug or alcohol abuse the court is going to take an active roll in trying to prevent bad behavior that interferes with the equitable distribution of assets, custody determinations and financial support.

If the judge thinks that one person is the "victim" and the other is the "abuser" there will be a desire to protect the victim. This usually means that the one seen as being non-compliant or the "trouble maker" will wind up with less money while the case is pending because the "victim's" rights need to be protected. The aggressor may often wind up paying interim attorney's fees not just because of a difference in incomes but because more work was necessary to stop the interference with the case and the reasonable rights of the other party.

If the judge believes that one person is the "trouble maker" that person may receive less consideration on their requests because the court may feel that a "lesson" needs to be taught. If a judge feels that one person is always pushing the limits and taking everything to the wire there will likely be negative consequences. When there is a tie, the decision may go to the party that the judge believes is trying the hardest to make the process go smoothly. The effects can be subtle and are not always identifiable but they are there, after all we are all human and have a reaction deep down to bullying, lying, cheating and rule-breaking.

First impressions are so important and can last a long time and this is not just in court but in general life experiences. Try to be the best person that you can be even though you are in the middle of a deeply emotional, financial and life changing series of events. In the end, you will likely have better results and less animosity from the other party with whom (if you have children together) you may have to interact for many years after your divorce is final.

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