What Can Be Used Against You In A Divorce? Even if I’m an Immigrant

There are very specific laws regarding divorce. These laws are designed to ensure that both parties are treated fairly and equally during the division of assets, child custody and visitation rights, alimony, etc. If you have been served with a petition for divorce or want to file for divorce, then it is important to understand what can be used against you during this process.

If you’re an immigrant, you still have legal rights throughout a divorce and should definitely seek counsel from a reliable immigration attorney. Divorce is a very tricky process and should be guided by experts specific to your case to ensure the best outcome is granted at the end of the process.

Making false allegations against your spouse

There is always the risk of making false allegations during a divorce, which increases if one of the spouses feels like they are being treated unfairly by the other.

If you’ve made false allegations against your spouse and the court finds out, you could be charged with perjury, your spouse could file another suit, or you could run the risk of the court throwing your submissions out.

The fact that you were physically or emotionally abusive during your marriage

If the abuse was severe enough, it may qualify as domestic violence and can result in a harsher divorce settlement to your peril. You may also be at risk of being charged with a crime if you engage in physical violence against your spouse during the divorce proceedings.

If you have any prior criminal records, it could make your divorce proceeding even more difficult. In order to protect yourself and your rights in the divorce process, it is important to speak with an attorney about your specific situation.

  • Unfitness to be a parent

In many cases, one or both spouses may allege the other is unfit to parent. This can be a difficult charge to disprove and have serious consequences on the final verdict.

However, you must remember that no one is automatically unfit to parent just because they are going through a divorce. If both parties contest the allegation, weighty scientific evidence may be required to prove that the other party is truly unfit.

The law caters first to children’s welfare and then to spouses. Therefore, unfounded accusations won’t cut it. However, a malicious partner may go all the way to craft a narrative that paints you as unfit to care for your kids.

In such cases when you’re uncertain, a skilled attorney can help you seal any loopholes that may be exploited to advance that narrative.

Refusal to cooperate with your spouse’s settlement negotiations

If one spouse refuses to cooperate with their spouse’s settlement negotiations, this can be seen as a major breach of trust and could lead to the other spouse filing for divorce.

In some cases, the non-cooperative party may be trying to hold out for a better deal, while others may be unwilling to let go of the relationship. Regardless, refusing to cooperate can have serious consequences for divorce proceedings.

Possible consequences of refusing to cooperate include:

Your spouse may file for divorce without you, and you might receive a lower settlement than you would have if you collaborated.

It could lead to a harsher outcome in the divorce proceedings to your disadvantage.

  • Hiding assets

In some states, if one spouse hides assets to avoid division of these assets during a divorce, this can be considered a ground for nullifying the divorce. If either spouse has been hiding assets from their spouse, this could be viewed as an intentional act leading to a more difficult and protracted divorce.

This is why it’s important to complete your Estate Planning documents ahead of time or at least while your life is free from any chaos to secure your assets in the event anything goes wrong, or you end up in a divorce lawsuit. By sharing your desires with an estate planning attorney you can be well-prepared and relieved of some stress throughout the divorce process.

Additionally, hiding assets could also be used as evidence that the party hiding the assets is not faithful to their spouse and may have been involved in financial misconduct.


As you prepare for your divorce, it is important to know the legal process. It can be difficult to remain objective during this time and understand what is happening with your case. If you have questions about how a divorce will affect your finances or if other aspects of the divorce concern you, contact an experienced divorce lawyer help to enlighten you so that you approach the process with an informed perspective.

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