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What Can Be Used Against You in a Divorce?

Published on August 26th, 2022

Woman with brown hair looking worried as she glances at her husband sitting next to her.

No one enters into a marriage expecting it to end in divorce. However, sometimes relationships don’t work out, and couples decide to break up. While you may feel angry or disappointed, sometimes a split is inevitable, no matter how hard you try.

While your emotions are likely running high during this time, it’s important to remember that certain words and actions can be used against you in the divorce. But with a few tips, you can learn how to protect yourself. Here’s everything you need to know about what can be used against you in a divorce.

Social Media Activity

One of the first things your spouse may try to use against you is your social media posts. Your spouse, or their lawyer, may use incriminating posts or messages against you to paint you in a negative light.

Your social media history can also make you look bad in front of the judge or make you look like an unfit parent. Therefore, you must be mindful of what you post on social media if you’re considering a divorce. Even if you block your spouse or make your account private, these disparaging remarks can still come back to haunt you.

Financial History

Your financial records include any history of debt, bankruptcy, or late payments, and all of these issues can be used against you when filing for divorce. You should also avoid trying to hide assets, like property, credit cards, or secret bank accounts during the divorce process. Even if your ex doesn’t notice these hidden assets, their lawyer likely will.

To avoid this, be honest with your spouse about your financial situation and try to work together to resolve any financial problems.

Past Criminal History

If you have a criminal history, your spouse may try to use this against you in court. A criminal record can paint you as a dangerous person or make you look like an unfit parent. Being honest about your criminal history is vital if you are considering divorce.

Romantic Relationships

Although it’s perfectly legal to date during the divorce process, it’s not a good idea to show off any new relationships during this time. This is because spending marital funds on dates is generally looked down upon in divorce court. Additionally, your spouse could try to argue that the new relationship was at fault for breaking up your marriage, which could paint you in a bad light.

Bad-mouthing Your Spouse

If you bad-mouth your spouse in front of your children, this can be used against you in court. This is because it can be argued that these remarks demonstrate you are not a good role model for them or that you are incapable of co-parenting. So to protect yourself, respect your spouse and avoid bad-mouthing them in front of your children.

Emails and Text Messages

If you have sent any emails or text messages disparaging your spouse, your spouse may try to use them as evidence against you. These things can make you look bad in front of the judge, so when considering divorce, you must be mindful of what you say in emails and text messages.

History of Domestic Violence and Abuse

Your spouse will use any history of domestic violence or abuse against you during a divorce. This type of abuse or violence includes physical, emotional, mental, and sexual abuse.

In addition, if you have any past police reports or restraining orders, these will also be used against you. The best way to avoid this is to get help for any abusive behavior before things escalate.


Even if your spouse has been unfaithful as well, they can try to use your infidelity against you. To avoid this, do not cheat on your spouse. And if you are considering divorce, it is essential to be honest about any infidelity in the marriage upfront.

Speak to a Divorce Attorney in Rockford, IL

Unfortunately, there are a myriad of things that can be used against you in a divorce. Therefore, it is essential to be mindful of what you do and say during the divorce process. To protect yourself fully, it’s important to consult an experienced family law attorney.

Reach out to The Crosby Law Firm today to schedule a consultation with our divorce lawyers in Rockford, IL. Our trusted attorneys can help you understand what can be used against you in a divorce and can help you protect your rights.

Our divorce lawyers have over 150 years of combined experience assisting clients with divorce cases, family law, child custody, probate/estate planning, and personal injuries. Call 815-397-2007 today to schedule a consultation.

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