Strategies Against Sneaky Divorce Tactics in California

With emotions running deep during a separation and divorce, spouses sometimes choose not to play “by the book.” This can lead to the use of a range of sneaky strategies in everything from property division and spousal support to child custody matters.

Understanding these strategies can help you prepare and, more importantly, identify and counter them to better protect your assets and your children’s best interests.

Here’s what you need to know.

During the separation period and while the divorce makes its way through the California courts, be on the lookout for the following strategies…

Lying about or hiding assets

Marital assets must be split equally in California and full financial disclosure is required before negotiations can begin. Sometimes, spouses are not transparent. They attempt to hide assets, lie about them, or limit the information provided to try to win a bigger share of the pie.

These tactics are especially common where one spouse has primarily looked after the finances during the marriage but a seasoned Los Angeles divorce lawyer will be wary of the strategies and push for full disclosure.

Wasting marital assets

Sometimes, a spouse deliberately “wastes” shared marital assets by spending joint savings and investments, for example, in an attempt to punish the other spouse or obtain a larger share of the pie. An experienced divorce attorney can highlight these tactics to the court during divorce litigation.

Requesting more parenting time to reduce child support

One spouse must usually pay child support to the parent who primarily looks after the child in California. Requesting more parenting time simply to reduce the child support payable is not a responsible strategy, especially if the parent hands the child off to a family member to care for during that time.

Refusing to pay child or spousal support

If child support or spousal support is agreed upon or ordered during the divorce process, refusing to pay can result in enforcement measures being taken by the court.

Quitting a job or reducing income

Some spouses attempt to lower their spousal support obligation by deliberately lowering their income by quitting their jobs or going part-time. This sneaky tactic is likely to end in the court imputing an income based on the spouse’s earning capacity, so it is usually counter-productive.

Deliberate stalling tactics

Watch out for delays with filing paperwork, attending negotiation sessions or other stalling tactics from your spouse.  Delays can increase legal costs and frustrations but if proven to the court, a judge can order the offending party to pay the legal costs and court fees incurred for the wasted time.

Rushing to settle your divorce

Some spouses may benefit from rushing to settle the divorce case, rather than delaying or stalling. Be wary of a partner who wants to rush a settlement, as there may be an ulterior motive, such as hidden assets or improperly valued assets that they try to work to their advantage.

Creating conflicts of interest

If a spouse talks to many lawyers in the local area, he/she may make it more difficult for you to find a suitable divorce lawyer. Once a lawyer discusses the details of a case with one spouse, conflict of interest ethics mean that the lawyer cannot represent the other spouse.  This may be a sneaky tactic to limit your options.

Much of the above refers to underhanded tactics used for financial gain during a divorce. Other strategies may be used to gain an advantage in child custody cases and these are examined below.

Before we get to child custody, the following are some strategies to counter sneaky tactics for financial gain during a divorce…

• Seek the help of a seasoned divorce lawyer, who will be wary of the sneaky divorce tactics used for financial gain.
• Obtain a complete list of all assets and debts, income and expenses, and other important financial information from your spouse as soon as possible after you separate.
• Include a final declaration of disclosure in the divorce settlement to confirm that both parties have provided all required financial information, as required under California law.
• Review your spouse’s personal and business tax returns with your divorce lawyer to make sure that everything adds up with what has been disclosed.
• If necessary, subpoena your spouse’s employer, business records or financial institution to ensure that income is not being hidden.
• If necessary, request other documents, admissions, or depositions during the discovery process.
• If necessary, hire a forensic accountant or even a private investigator to track and trace hidden assets (more likely in complex, high-net-worth divorces).
• Hold your spouse accountable by requesting sanctions or filing a contempt action with the court, with the help of your lawyer.

Remember, spouses have a statutory fiduciary duty in California to act in good faith and to refrain from taking advantage of each other. If that’s not happening, there are legal measures you can take for relief.

Some parents may use underhanded or unethical tactics during child custody cases out of anger or in the mistaken perception that this will improve their chances of winning custody.

These strategies include making false allegations of neglect or abuse and intentionally trying to alienate the children from the other parent.

To counter such unscrupulous strategies, consider the following steps:

• Always advocate for your child’s best interests: this is the standard used in California child custody cases and parents should always consider this the priority.
• Seek the assistance of an experienced child custody attorney, who may involve other child custody experts, such as a custody evaluator, parenting coordinator or child therapist, to advance solutions that protect the child’s rights and best interests, as well as yours.
• Shield your child from any harmful situations that may result from the other parent’s sneaky tactics, such as deliberately refusing to communicate with you.
• Document any harmful conduct towards your child, such as alienating behavior or false allegations.
• File for a modification of child custody or parenting time if needed, so that you have a chance to prove the other parent’s unethical tactics in court and hold them accountable for any false allegations.
• File for contempt of court: if a parent repeatedly fails to fulfill their responsibilities, you can approach the court for action.

Both parents should follow court orders closely. If one parent violates a court order, it does not excuse a violation by the other parent.

Instead, work with a child custody lawyer to hold the parent liable for the breach of the order while demonstrating to the court that you are working in your child’s best interests. This will most likely result in a positive outcome for the child and you.

The family attorneys at The Sands Law Group APLC in Los Angeles can help with child custody matters. Contact us online or call 213-788-4412 today for a free case evaluation.