testifying tips in nj
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TIPS FOR WHAT NOT TO DO DURING YOUR DIVORCE

Do NOT:

  1. …forget to open mail from your lawyer, including certified mail, email and regular mail [open all mail from your lawyer promptly; an issue of importance might be overlooked if you do not].

  2. …assume that your phone conversations with your spouse may not be being recorded [prudence demands and our years of experience confirm that you should assume your spouse MAY BE recording these conversations so be guided accordingly; recording one’s own phone conversations may be considered legal in NJ].

  3. …assume that your email, sent and received, and your mail to and from your home are secure and private [while intercepting others’ email and/or mail is probably illegal, this doesn’t mean your spouse, or an investigator hired by your spouse, won’t try to do so; get a PO Box that only you can access,  and a new email account–free at yahoo.com or hotmail.com—which you can access outside the home, and remember, email is forever and can usually be retrieved from a hard drive].

  4. …leave behind with your spouse the only copies of your financial records and important documents you will need for your case when and if you move out of the marital home [if contemplating or involved in a divorce, copy a full set of everything for the last 5 years; this may save endless fighting later over obtaining needed documentation to prove your case].

  5. …tell your deepest secrets to lovers, in-laws, relatives or friends; they can become witnesses, willingly or unwillingly [do tell your lawyer everything and don’t discuss your case with anyone else, except your therapist, if necessary].

  6. …right before or during the divorce purchase luxury items for yourself or a lover, or take lavish vacations, as such expenses will affect the outcome of the case [spend prudently and conserve your resources].

  7. …sign any financial applications under oath which conflict with your financial Case Information Statement or other documents you file in your divorce case [such inconsistencies will impact your credibility with the judge hearing your case, and might even be criminal].

  8. …cut back your work hours voluntarily or voluntarily quit a job to affect your income so your spouse will “have to” support you or so your support obligation to your spouse and/or children will be less [courts see through this and can and will impute income to you based on your work history and ability to work].

  9. …pay your spouse in cash for child support or alimony [always leave a paper trail, i.e. checks or money orders with receipts; cash payments can’t be documented later if needed].

  10. …put off your health care and/or annual health exams [a change in your health that impacts your life has an effect on your divorce case and should be revealed to your lawyer].

  11. …terminate or modify any of your insurance coverage or beneficiaries until the case is over [the law requires that you leave all insurance coverage in place and you must certify this to the court].

  12. …say bad things to your children about the other parent’s actions, personality or character [the courts look at such talk as violating the children’s right to form and maintain a good relationship with both parents].

  13. …involve the children in your disagreements with your spouse or your divorce action [courts protect the best interests of children regardless of what the parents may want and will not react favorably to attempts to involve the children in the parents’ problems].

  14. …show court documents and attorney letters to the children.

  15. …make the children feel guilty about loving both parents.

  16. …flaunt a new romantic interest to your spouse and/or children.

  17. …enter into tension-producing conversations with your spouse that will only lead to anger and escalation [you hired an attorney to represent you so let her/him do so].

  18. …fail to obey any and all court orders issued in your case, especially ones about custody and parenting time [interfering with custody and parenting time can be a criminal violation and may lead to a loss of custody or parenting time privileges].

  19. …drink alcohol or use drugs in front of your spouse and/or children.

  20. …begin or continue to indulge in gambling, i.e. trips to Atlantic City, Las Vegas, or the racetrack, if your finances cannot support such risks [dissipating marital assets is one fault that can be taken into consideration even in a “no-fault” divorce based on separation].

 

Finally, DO TAKE your lawyer’s advice.  She or he is on your side and has your best interests at heart.

 


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The information expressed above should not be construed as legal advice but merely information on the law that may be of interest to you.  Remember, individual legal problems require individual solutions. Please contact Miller, Miller & Tucker, P.A. if we can help.