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Divorcing a crazy spouse? Anticipate some unsavory actions?

Even the most amicable of divorces have some baggage to them, so it should come as no surprise that a nasty divorce would have its fair share of problems. One of the more common worries that people involved in a divorce have, aside from trying to get as much as they can out of the relationship, is the fear that their to-be ex-spouse is planning to do them rotten.

This is often either done by destroying, devaluing, or selling/giving away valuable assets or property loved by the other spouse. Any lawyer who has borne witness of a fair few divorce cases can tell you that this is not an unusual worry by any means. In particularly venomous divorce cases, a person may be that much more willing to even spend money in order to stick one to you.

There is recourse, but evidence is crucial

While it is undeniable that this is a real risk a divorcée could face, there is legal recourse at the very least. In the state of Florida, spouses are prohibited from destroying property (known as dissipation, waste or depletion) after the filing of a petition to divorce or within the last two years prior to the petition. Any violation is a factor for consideration in property division and support matters.

It may be difficult to demonstrate malice on the part of your spouse if you find yourself in that situation and sometimes even harder to protect your assets from being messed with. One common tactic that a divorce lawyer would recommend is simply to document anything that they feel could be a victim of this kind of tampering.

This is a lot easier to accomplish than it used to be, thanks to the propensity of people having some kind of device that has a camera, such as a cell phone or a tablet. Taking footage is especially valuable in situations where you are moving out and cannot take certain possessions, either because they could be damaged in transit, because they are too big and unwieldy to conveniently transport or because you just need to get out quick.

When documenting your important possessions, it is of the utmost importance to be very thorough in your videos and photos. By taking footage from all angles and having footage showing its exact position, you can demonstrate what damage there is or is not currently present. If you later discover that your property has become damaged, you will have a good cause to argue that the damage was inflicted by your ex-partner.

Whether you share the documentation of your property with your ex-partner depends in part on your situation; if your documentation is more for the sake of caution, it may not be necessary and could potentially frustrate the situation. On the other hand, if you have legitimate fears, the documentation could keep them from trying anything.

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