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  • Writer's pictureScott Berry

What Not To Do When Served With Divorce Papers…

Just as important as what you should when served with divorce papers is what you shouldn’t do. That is because taking impulsive actions when you are feeling the emotions that accompany receipt of divorce paperwork can negatively affect your case. Although some items on this list appear obvious, it is a good reminder when you are upset.

1. Don’t threaten or hit the opposing party. Yes, it is obvious, but domestic violence happens regularly in instances where divorce papers are served. Threats and domestic abuse will put the abuser at a distinct disadvantage. At best, it will cause animosity in the case and make it more difficult to either litigate or attempt to resolve the divorce or custody matter. At worse, criminal charges can be brought against the abuser.

2. Don’t attempt to hide or sell assets. Minnesota law provides that if the parties are contemplating divorce, they are not allowed to transfer assets. Doing so can result in sanctions against the transferring party.

3. Don’t cancel your spouse’s health insurance (or any insurance). Upon service of the summons initiating the divorce, the parties are prohibited from making modifications to any type of insurance.

4. Don’t put your children in the middle. Court’s take a dim view of a party who places their children in the middle of a divorce. Moreover, doing so is directly contrary to the Minnesota Best Interest factors resulting in great harm to the parent’s chances of getting the custody resolution that they want.

5. Don’t go post about it on Facebook. Statements on social media as well as inappropriate pictures can cause significant problems down the road in a divorce case. Bottom line, Facebook and other social media posts play an important role in the litigation of a divorce – usually negatively.

Handling a divorce case in the most sensible manner can go a long way towards getting the most favorable outcome from the Court.

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