When emotions and finances collide, even small decisions can have lasting consequences during a contested divorce. People often focus on protecting themselves but unintentionally make choices that harm their financial standing or credibility in court. Understanding what triggers these mistakes and how to avoid them can make a major difference in the outcome of a case.
In the video, Atty. Tyler Monahan of Turner-Monahan PLLC discusses common financial mistakes people make in contested divorces and how fear-driven decisions can lead to court violations and unnecessary complications. All case evaluations are based on Texas Family Law. This content is for educational purposes only.
Acting Out of Fear
When people realize that their divorce is becoming contested or litigious, it usually means something serious is already going on. At that point, emotions often take over logic.
Many people begin to act out of fear, especially fear of the unknown. That fear can cause irrational and emotional decisions that seem logical in the moment, but can actually make the situation worse later
Changing Normal Financial Habits
At Turner-Monahan, we often see people try to change the way they’ve always handled their finances once they think a contested divorce is coming. Instead of following their usual “ordinary course of business,” they start doing things differently. They might take money and move it somewhere else, stop paying certain bills, or start doing new things financially that they normally wouldn’t.
These moves are often not because someone is naturally trying to be sneaky or dishonest. It’s more often because they’re scared and trying to protect themselves from what they don’t fully understand.
Setting Expectations from the Start
That’s why, from the very beginning, we work with our clients to set a clear understanding of what’s expected. We explain how the court views these situations and what behaviors could cause unnecessary trouble. We try to help clients understand that what feels like a “smart” or “protective” move in the moment might actually go against what the court expects.
At Turner-Monahan, we make sure our clients know what it means to stay within the legal boundaries while still feeling secure and informed. Because in a contested divorce, knowledge, stability, and calm decisions can make all the difference.
Emotional Spending and Financial Guilt
Many people begin to spend impulsively during a divorce as a form of emotional relief. They might make large purchases, take trips, or buy gifts to cope with stress or guilt. While it may feel harmless at the time, this type of spending can later be viewed by the court as wasteful or as an attempt to reduce community property. Keeping a detailed record of all expenses and maintaining financial discipline can help avoid these issues.
Mixing Personal and Marital Assets
Another common mistake is mixing personal and community assets. For example, depositing separate inheritance money into a joint account or using marital funds to pay for personal debts can complicate the property division process. Once funds are commingled, it becomes difficult to prove what belongs to whom. Maintaining clear financial records and separate accounts helps protect both parties from unnecessary disputes.
Stopping Financial Communication
Fear or frustration can lead spouses to stop communicating about finances altogether. However, this silence can cause missed payments, credit score damage, and confusion about shared bills. Keeping open communication and documenting all major financial decisions, even through attorneys, can prevent long-term harm. Transparency during this stage shows good faith and reduces suspicion in court.
What the Court Expects
Courts generally don’t look kindly on sudden financial changes during a divorce. In almost every case, judges issue what’s called an injunction, a legal order that tells both parties to maintain the status quo. This means:
- Don’t move or hide money.
- Don’t change bank accounts or emails.
- Don’t cancel or alter insurance policies.
- Don’t make any big financial moves.
The purpose of this injunction is to keep things stable and fair while the divorce is in progress. When people act out of fear and ignore these rules, they can easily end up violating the injunction without even realizing it.
What the Texas Family Code Says About Financial Conduct During Divorce
The Texas Family Code includes several important sections that guide financial behavior in divorce cases:
Section 6.502: Temporary Orders and Injunctions
This section allows the court to issue temporary restraining orders that prevent either spouse from spending, hiding, or transferring assets. The goal is to protect marital property and ensure both parties act responsibly until the case is resolved.
Section 7.001: Division of Property
Texas follows the community property rule, meaning that most property acquired during marriage is jointly owned. The court divides this property in a manner it considers “just and right,” so unusual or suspicious financial activity before or during the divorce can affect how property is divided.
Section 6.709: Enforcement of Temporary Orders
If a party violates financial restrictions in temporary orders or injunctions, the court can take enforcement actions, including contempt proceedings. This reinforces the importance of following court-issued financial guidelines closely.
Consult a qualified family law attorney to better understand how these sections of the Texas Family Code may apply to your specific divorce case.
Hire An Experienced Fort Worth, Texas, Divorce Attorney
Contested divorces can test both patience and judgment, especially when finances are involved. Acting out of fear or confusion can lead to costly mistakes that affect the entire outcome of the case. Consulting a family law attorney can help you understand your rights, follow court expectations, and make informed decisions every step of the way.
Schedule a free, no-obligation consultation with Attorney Tyler Monahan to discuss the details.
Check our website for more information about our services. Plus, don’t forget to go through our blog to find out more about your case. There is tons of information on divorce and answers to unique questions like “What Happens If My Ex Moves Without Telling Me?”
FAQs Regarding Divorce
Divorce cases are unique, so you will have many questions. To save you time and hassle, here are some topics that revolve around the area. For more information, contact our firm, Turner-Monahan, PLLC.
Disclaimer
The commentary and opinions are for informational and educational purposes only and are not intended to provide legal advice. You should contact an attorney in your state for legal advice concerning any particular issue or problem. You can become a client and enter the attorney-client privilege only after hiring Turner-Monahan, PLLC, by signing a written retainer agreement.
