For many couples who decide to divorce, the decision to end the marriage is usually a mutual one. While it may be one spouse who finally makes the decision to file, there has usually been some discussions about the dissatisfaction both spouses have with the marriage. However, there are also situations where one spouse files for divorce and the other spouse is completely blindsided by the legal action. In these cases, it is important for the spouse being served to act quickly and obtain legal representation in the event the spouse used the surprise “attack” for malicious reasons, such as hiding marital assets or interfering with a fair custody agreement.
Child Custody
If you and your spouse have children, the surprise divorce filing could also be an attempt to get the upper hand in any child custody decision the court makes, especially if your spouse had already made arrangements to move with the child out of the marital home, with or without your knowledge. The important thing to remember if this happens is that even if your spouse has left with your child, the courts will have the final say in custody issues, regardless of your spouse’s surprise move.
Any decisions the court makes is always based on what is in the best interest of the child. Denying access to your child could actually backfire on your spouse because courts do not approve of these types of tactics. Your attorney will aggressively advocate for you and your child to ensure a fair child custody and parenting time outcome.
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