This is the 10th installment in a series by Virginia Cornwell, a Columbus Ohio Divorce Lawyer and an Ohio State Bar Association Certified Family Relations Specialist. Virginia is one of approximately 100 attorneys in Ohio to have received this honor. This series is about the process and options for ending your marriage in Ohio, and about Ohio divorce laws.
Divorce has its share of dirty tricks, maybe more than its share of dirty tricks. This article is part 2 of our a list of 10 Dirty Divorce Tricks. When we say “dirty”, that’s not a good thing. Dirty is not meant to be another word for clever.
6. NOT PAYING THE GUARDIAN AD LITEM. In every family law case, there is one party who wants a guardian ad litem on the case more than the other. A guardian ad litem has a lot of influence over the court’s decision regarding custody and visitation, shared parenting, and all matters regarding the children of the marriage. Usually there is at least one parent who resents the appointment of a Guardian ad Litem. The Guardian ad LItem does not usually begin his or her work until their initial deposit has been paid. Many times the person who does not want the guardian ad litem will not pay their court-ordered share of the guardian fees in the hopes that it will make the guardian go away.
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7. FIRING YOUR LAWYER RIGHT BEFORE TRIAL AND THEN ASKING FOR A CONTINUANCE. This is something that courts see a lot and appear to have tired of. Some courts will allow the continuance, but others will refuse and will tell the person who just fired their law to proceed with trial and call their first witness.
8. WASTE MONTHS FIGHTING A VALID PRENUPTIAL AGREEMENT, OR SEPARATION AGREEMENT. There’s a couple of apps for that too, but that’s another long detailed article for another day. People who read list of 10 articles want their info short and sweet.
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9. DESTROYING, SELLING, HIDING OR TRANSFERRING PROPERTY. There are apps for that too. Temporary restraining orders, contempt, jail time, financial misconduct, distributive awards, awards of attorney fees, lump sum spousal support (which can be enforced against retirement accounts), and constructive trusts, to name a few.
10. FALSE ALLEGATIONS OF DOMESTIC VIOLENCE, CHILD ABUSE OR WORSE. Of all the dirty divorce tricks, this one is particularly loathsome in the eyes of courts. When the court finds that these allegations have been falsely made, the damage to the accuser’s case is immeasurable. Thereafter they have little or no credibility with the court.
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BONUS DIRTY TRICK: INTERFERING WITH A SPOUSE’S EMPLOYMENT In particularly nasty cases, some spouses take a “scorched earth” policy. If they can’t have you, they want to ruin EVERYTHING in your life, starting with your livelihood. If your spouse is under a temporary restraining order not to harass you, this would be something that could lead to a finding of contempt of court. In addition, if someone loses their job or a promotion because of the actions of their spouse, the most obvious way to address it would be to reduce the child support or spousal support, if any, that was paid for by the former job.
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You may also find some of these articles in our divorce series to be of interest:
Adultery, Annulment, Alimony (Spousal Support), Best Interest of the Child, Child Custody, Child Custody Jurisdiction, Child Support (deviation), Child Support (how much), Child Support (how to pay), Child Support (lower), Child Support (myths), Child Support (resources), Child Support (sign up),Contempt, Dissolution, Divorce Basics, Divorce Myths, Foreclosure Mediation, Grandparents, Guardian ad Litem, House, How Long Your Divorce May Last, International Abduction,Legal Separation, Mediation, Moving, Packet of Forms vs. Getting a Lawyer, Prenuptial Agreements (Antenuptial Agreements), Shared Parenting,Temporary Orders, Temporary Orders Affidavits, Where to File for Divorce
DISCLAIMER – READ IT, IT’S STUFF YOU NEED TO KNOW.
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