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How misstatements could harm your divorce case

On Behalf of Lisa D. Stern | Nov 25, 2025 | Divorce |

There can be a lot of anger and frustration swirling around your divorce. You may feel personally hurt or attacked in the way that your marriage ended, or you might simply feel like your spouse is treating you unfairly throughout the process. Regardless of why you may experience anger, you can’t allow yourself to be tempted into making statements that could prove harmful to your divorce case. Saying something to get back at your spouse might feel good in the moment, but the long-term ramifications can be significant. Let’s look at why that is so that you have a better idea of the importance of being careful with your words heading into your marriage dissolution.

How poor statements may come back to haunt your divorce

The impact of poor statements can be surprisingly massive. Here are some of the ways in which demeaning and otherwise poorly thought-out responses may come back to bite:

  • Child custody determinations: The court is tasked with making decisions that are in your child’s best interests. If you’ve made statements that seem like you won’t facilitate a healthy co-parenting relationship or that are indicative of your own parental shortcomings, then the court may rely on those statements when ruling against you. This means that statements made in a moment can impact the amount of time you get to spend with your children for a long time to come.
  • Property division: The marital estate will be divided pursuant to state law in your divorce case. However, the division doesn’t have to be equal. So, if you’ve made statements that lead a judge to believe that you’ve mismanaged marital funds or are hiding marital assets, then the court is more likely to award your spouse a larger portion of the marital estate. This can leave you at a significant financial disadvantage as you head into the next phase of life.
  • Spousal support: If the statements in question have tarnished your spouse’s professional reputation, thereby making it difficult for them to maintain, secure or advance their employment, then you may find yourself on the hook for spousal support. This can be a huge financial burden that lasts for years.
  • Loss of credibility: Depending on the statements in question, the other parent may use them to attack your credibility and thus the reliability of your testimony. This can taint the court’s view of all pending issues, leaving you at a distinct disadvantage as you navigate your divorce.
  • Other legal action: If you make false statements that prove harmful to your spouse, then they might take additional legal action against you. This can lead to more legal fess and stress, and if you’re unsuccessful in defending yourself, then you may be subjected to a significant judgment.

As you can see, a lot of damage can be caused by a reflexive statement. While it’s best to avoid making these statements if at all possible, don’t lose hope if you’ve said something that you later regret. There may still be legal options available to mitigate the damage caused and to protect your interests.

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