Divorce processes are often emotionally charged and difficult, necessitating legal representation to help you negotiate the complexity of the process. While most divorce lawyers adhere to the best standards of professionalism and ethics, sadly, a few use unethical practices to obtain an edge for their clients.

This article seeks to shed light on particular well-known trickery used in divorce trials, i.e., destructive behavior that a litigant can anticipate to see from the other side and with which they must deal, as judges rarely sanction any of this behavior.

If you see these behaviors, you should buckle your belt because it will be a turbulent ride.

These behaviors include:

Hiding assets

One of the most common unethical activities is lawyers assisting their clients in concealing or undervaluing assets during the discovery phase of the case, which eventually leads directly into the property division phase.

This could include transferring assets to third persons, generating fraudulent loans, or underreporting income. Typically, this involves a lawyer failing to produce the financial documents requested by the other party in whole or in part.

Such actions impede the equitable distribution of marital property and can have serious ramifications for the other partner.

You should also do your due diligence and not wait for the other party to produce the required documents. Instead, you should work on getting the documents and your role in court will be to compare them.

Causing unnecessary delays

Some attorneys purposefully prolong divorce procedures by filing extra documentation, making frivolous motions, or employing aggressive litigation methods. This strategy seeks to drain the opposing party’s financial resources and stamina, driving them into a disadvantageous settlement or agreeing to unfavorable terms out of desperation.

Some refer to this as having a “scorched earth” approach, which means triumph or supremacy at any cost.

You should look out for these signs, work closely with your attorney, and find a way around them.

You should analyze the situation and decide whether it’s worth fighting for. If not, you will simply be better off settling the issue.

Making false accusations

Some lawyers submit incorrect information or falsify facts about the opposing side to secure favorable outcomes. This could include manipulating evidence, creating unsubstantiated charges of malfeasance, or destroying the reputation of the other spouse. Such behavior not only compromises the legal process’s integrity but also erodes overall confidence between parties.

This one is easy to fight as you must be ready for it. If you have proof to show what the attorney is talking about is wrong, you should present it in court. For example, if the attorney says you make more money than you do, you should bring the bank statement to court.

If the attorney makes up stories about your past that you can’t prove, work closely with your attorney and find ways around them.

Stirring up conflict

Instead of encouraging amicable resolutions, some lawyers purposely incite enmity between divorcing spouses. By worsening disagreements or encouraging their clients to take antagonistic stances, these lawyers make negotiating more complex, creating emotional suffering and increasing legal fees.

You should be able to pick on this. If you notice that your ex-spouse is becoming more aggressive than they were, chances are that they have been poisoned, and you should find ways to communicate with them.

You should let your ex-spouse know what is going on and let them know that it’s not only you who is losing money and time by engaging in the conflict but them too. work with your attorney and find a middle ground to ensure that you both have a great experience and outcome.

Exploiting the power imbalances

Lawyers must act as advocates for their clients, but exploiting power dynamics between separating spouses can result in unjust bargaining. Manipulating vulnerable customers or harassing the opposite party might sway the decision and perpetuate injustices during the divorce process.

You can’t solve this by yourself, so you will need to involve your legal attorney. The attorney will explore the different areas that the other attorney is exploiting and help fix the imbalances.

Short-serving the parties

Most attorneys understand that when a party makes a move, there is a specified period for the opposition to the motion to be served and filed, and the party making the motion must usually serve and file their response within a specific timeframe.

Attorneys often try to file sur-answers to replies, which is irritating. In any case, attorneys frequently serve documents a few days late, putting the opposing party at a disadvantage when drafting their reply filings.

Parties may not want to prolong the return date of a motion due to a few days’ delay in serving the opposing papers, as this could postpone the case. Everyone knows when their paperwork must be served and filed; therefore, serving documents late is unfair.

Bad behavior

Attorneys frequently use a variety of dirty tricks during depositions. Because a court officer is rarely present for depositions, using deceptive tactics during pre-trial examinations frequently results in little consequences.

One of the ugliest tricks experienced at depositions is attorneys giving nonverbal advice to their clients throughout the proceedings. Of course, the court reporter cannot record counsel’s head nods, but attorneys can usually educate their witnesses through various nonverbal cues.

You should pick up on this and inform your attorney about it so they can call out the misbehaving attorney.

Parting shot

Lawyering is an adversarial profession, and all attorneys are responsible for diligently representing their clients. While the best divorce lawyers Fairfax VA follow ethical norms, it is critical to recognize the prevalence of unethical activities that can hurt both parties in a divorce case.

Recognizing these “dirty tricks” will allow you to be more vigilant and seek legal representation from credible attorneys who value justice, transparency, and ethical behavior throughout the divorce process.