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Can Hostility Expressed Towards My Spouse Affect My Divorce and/or Custody Agreements?

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We have discussed the steps you can take to try and keep your divorce as simple, straightforward, and stress-free as possible, from making sure you are up-to-speed on the basics of divorce law in the state of Florida, to thoroughly digging up any and all financial paperwork, to even making sure you have a completely separate (and discrete) emotional outlet so that any difficult emotional issues that come up which are related to the divorce are kept separate from the legal issues.

This is because doing all of these things can help to keep your stress levels in check, which can help you achieve an amicable divorce and agreeable settlement, which can then lead to an easier life after divorce that affects other important areas of your life, such as co-parenting. As a result, also trying to resist allowing your spouse to provoke you into an argument is preferable, and can help you place any negativity of the divorce behind you and move on positively more quickly. However, many people do not realize that speaking harshly to or about their spouse can decrease their chances for a favorable outcome in their divorce as well, as we discuss below.

In The Workplace

Take, for example, calling your spouse’s place of business or making a personal visit there and getting into an argument with them. This can negatively affect their image at work and their earning potential, which could then negatively affect your divorce settlement. It can also provide your spouse with the upper hand in terms of negotiating better terms in your settlement. When it comes to professional settings, including social media, steering clear of confrontations is just a good general rule of thumb to follow.

As It Affects Custody (“Timesharing”)

Keep in mind that if child custody (referred to as “timesharing” in Florida) is an issue of concern for you, the courts will also always prioritize what is in the best interest of the child in terms of custody arrangements, and hostile comments to and/or about your spouse can sometimes be considered engaging in parental alienation. In fact, refraining from disparaging comments about the other parent to the child is a specific factor that the courts take into account in determining what is in the best interest of the child, as well as the ability for the parent to act upon the needs of the child as opposed to their own needs. This not only includes direct comments made to the child, but to the spouse, to the child’s friends, to the child’s friends’ parents, etc. that the child might overhear or hear about. As a result, the court might decide that you should spend less time with your child, and even if you argue that a comment represented a momentary lapse in judgment on your part, the court has no way of knowing what is an is not an exception or the rule when it comes to your behavior.

In general, it is a good idea to assume that anything posted on social media or written in an email or in a text can be seen by anyone and everyone. This not only includes what you directly write to your spouse, but what you might text to your child as well, as you never know what might end up in your spouse’s hands and, as a result, before the court. Not only is there ample evidence that these comments can be emotionally and mentally damaging to your child, but they can absolutely be used against you in asset and/or custody decisions. They can also just compromise your credibility with the judge.

Contact Our Florida Divorce & Family Law Attorneys for Help

The advice of our Florida family law attorneys is to avoid contentious interactions no matter how poorly your spouse might behave. Stay steady and clear headed, and this will place you in a much better position strategically. For additional advice and to answer any questions you might have, set up a confidential consultation with our Orlando divorce attorneys at the Arwani Law Firm, PLLC today – we are here to help.

Resource:

forbes.com/sites/frawleypollock/2020/02/03/does-it-hurt-your-divorce-when-you-treat-your-spouse-badly/#35796d195622

https://www.arwanilawfirm.com/do-real-estate-prices-changing-affect-the-decision-to-keep-the-house-post-divorce/

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At the Arwani Law Firm, our Orlando divorce lawyers will work together to get you the best possible outcome in your case, while treating you with the utmost respect and compassion. When you meet with us, you’ll see we love what we do, and you’ll feel that enthusiasm as we work through your legal matter.

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