What Can Be Used Against You Legally in a Divorce?

Couple Signing Divorce Papers. What Can Be Used Against You in a Divorce.

No one gets married intending to later separate, which is why going through a divorce can be incredibly stressful and potentially contentious. If you are considering divorce, you need to know what your spouse can legally use against you. Our Pearland divorce attorneys at Terry & Roberts are familiar with the information commonly used by one spouse against the other and can help you prepare for your divorce while protecting your rights.

Grounds for Divorce in Texas

crueltyWhen seeking a divorce, a spouse must decide the grounds on which they will base their request. In other words, they must provide a reason why they want to divorce their spouse. There are seven grounds for divorce in Texas.

  • Insupportability: Commonly referred to as irreconcilable differences, this ground applies when there is no reasonable expectation of reconciliation, but neither party is specifically at fault for the breakup of the marriage.
  • Cruelty: This ground applies when one spouse treats the other in a cruel manner that causes their marriage to become insupportable.
  • Adultery: This ground applies when one spouse can prove the other has committed adultery.
  • Felony conviction: This ground applies when a spouse has been convicted of a felony, has been imprisoned for at least one year, and has not been pardoned.
  • Abandonment: This ground applies when one spouse has left the other with the intention of abandoning them and has remained away for at least one year.
  • Living apart: This ground is applicable if the spouses have lived apart for at least three years without cohabitating.
  • Confinement in a mental hospital: This ground applies when a spouse has been confined in a mental hospital for at least three years at the time of the divorce filing with probable relapse or unlikely adjustment.

Insupportability is the only ground for divorce in which you do not need to prove your spouse did something wrong, as you both simply need to agree that your marriage is irreconcilable. When a spouse files for divorce based on any other ground, they must show evidence of the other’s wrongdoing. Proving fault in a divorce often leads to spouses collecting evidence to use against one another.

Evidence That Can be Used Against a Spouse in a Texas Divorce

There are many things a person can use against their spouse when trying to prove why they should be granted a divorce and awarded the relief they request.

You need to know what your spouse can use against you so you can protect your best interests and properly defend yourself.

Evidence commonly used against a spouse in a Pearland divorce includes the following:


If your spouse can prove you committed adultery, they can be awarded a greater share of your marital assets and custody of your children. Under Texas law, marital property is to be divided in a “just and right manner,” so if you wasted or misused marital assets on a romantic interest, a judge may assert that you acted with deliberate disregard for the depletion of community assets without your spouse’s knowledge or consent. Further, your custody and visitation time could be reduced if a court determines that you prioritized your relationship with your other love interest over your kids.

Substance Use

If your spouse can prove that you suffer from substance abuse or addiction, a judge may determine that you are a risk to your children. The court’s main concern is the welfare of your children, and proof of your substance use can be used to demonstrate you are unable to provide a stable or secure environment for your kids. With strong evidence against you, a judge may limit your visitation or even relinquish your custody rights due to the appearance that you lack parental fitness.

Abuse History

Evidence of domestic abuse can be used against you by your spouse. If it can be proven you have acted violently against your spouse or children, the court can limit or refuse access to your kids and reduce the marital property you are awarded. Additionally, you can potentially face criminal charges and a protective order forbidding you from having contact with your spouse or children.


It is important that you do not hide or fail to disclose assets in your divorce proceedings. All financial information, including tax returns, bank statements, and pay stubs, is used to determine a fair distribution of marital property and debts. If your spouse can prove that you are under-reporting income or have spent excessive money on activities such as gambling or shopping, thereby wasting marital funds, you may receive a smaller portion in the division of assets.

Social Media Posts

What you post on social media can be used against you in your divorce and affect your child custody and distribution of assets. Your spouse can use your posts to prove that you lack responsibility, have a substance use problem, or have engaged in adultery. At least one source has found that over 80% of attorneys find condemning evidence to use in court on individuals’ social media sites.


Your text messages, emails, and other written communications can be used against you by your spouse if they include anything that can be construed as incriminating. Messages you intended to be private can be used to prove adultery, threats, or harassment and can jeopardize your custody and asset distribution. It is important to remember that with today’s technology, nothing is really deleted or gone forever.

How to Fight Against False Accusations Made During Your Divorce

fight against false accusationsIf your divorce is highly contested, your spouse may make false allegations against you in an attempt to gain leverage. You should not ignore these accusations, but you also should not respond to them. When you retain a skilled Pearland divorce lawyer from Terry & Roberts, we can prepare a strategy to fight back against their allegations and counter your spouse’s untrue statements. While we do that, it is vital that you remain calm.

There are certain actions you should take with our help and guidance to protect yourself against your spouse’s false accusations. Some examples of steps you should take to fight back against your spouse’s lies are as follows:

  • Determine exactly what your spouse is claiming.
  • Learn what, if any, evidence they have against you that can prove what they are alleging.
  • Collect any proof you have that their accusations are untrue.
  • Compile evidence, such as witness statements, texts, emails, and social media posts, that can challenge their credibility.
  • Avoid corresponding directly with your spouse.
  • Avoid retaliating against them with false allegations of your own.
  • Adhere to any temporary rulings made by a judge in response to your spouse’s false allegations while we work to disprove them.

Taking these actions can give you the upper hand in the long run.

If a judge discovers your spouse’s lies, they can rule in your favor and perhaps even enforce criminal penalties against your spouse. Be patient while we work to reveal the truth.

Get Help Understanding What Can Be Used Against You in Your Texas Divorce

A high-conflict divorce in Texas can be incredibly stressful, especially when one spouse is filing for divorce based on fault grounds. Whether you are the spouse being accused of fault or are on the accusing end, you need to retain a divorce lawyer in Pearland, TX to help you through the divorce process.

Contact the family law attorneys at Terry & Roberts by calling or using our online form today to learn how we can help you protect yourself and what is important to you while you navigate a complex divorce.

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