What are the Tactics Adopted by an At-Fault Divorce Lawyer?

An experienced and effective at-fault divorce lawyer usually adopts the following tactics to pull off the overall case strategy successfully:

Establishing facts
Preventing deceit
Launching a strong attack on the at-fault spouse
Keeping the client calm, collected, and focused
Negotiating efficiently

Note that even if you file a no-fault divorce case against a spouse who has committed marital misconduct, you can still go ahead and prove his/her fault to get higher alimony, child custody, and a higher share in the marital property. Therefore, this post is valid for both no-fault and at-fault types of divorce.

Establishing Facts

Unlike a no-fault divorce, an at-fault divorce requires the alleging spouse to conclusively prove that the other spouse committed serious marital wrongdoing. At-fault divorce cases are usually high-conflict cases and are filed rarely. But when they are filed, they take time to resolve and there can be a lot of acrimony and deceit during the case. However, facts can blunt any argument, and an effective at-fault divorce attorney digs very deep into the available evidence and forms an unshakeable argument against the other spouse.

Digging deeper into evidence and coming up with a logical case requires time, patience, experience, and solid analytical skills. The facts should be strong and believable enough to reject bizarre claims made by the at-fault spouse against the alleging spouse. Experienced divorce attorneys easily see through wild claims and deceit, and they try their best to present a case that is truthful, factual, and believable.

Preventing Deceit

Anger, frustration, acrimony, and deceit commonly occur in at-fault divorce cases. So, one of the strategies that an at-fault divorce attorney adopts is to immediately investigate wild and untruthful claims made by the other spouse and prove to the courts that he/she is lying. For example, the other spouse may resort to the following tricks:

Fraudulently show reduced income to pay lower alimony and child support
Hide assets or park his/her money with relatives or in virtual assets like cryptocurrency
Fabricate property/asset documents to create problems in marital property distribution
Lie about parenting time to reduce child support payments
Badmouth the petitioning spouse to the child, or otherwise try to alienate the child

Experienced attorneys are usually ready with the facts and evidence and have a plan that can easily counter such lies and deceit.

Launching a Strong Attack

Reputed at-fault divorce attorneys are usually forceful with their facts and arguments in the initial separation documents that are filed with the courts before the trial begins. These separation papers contain details of the marital relationship and the reasons for separation. Once the trial begins, the lawyers explain each accusation in detail by presenting the facts they have gathered. For example, an accusation of domestic violence can be substantiated with a police report, hidden assets can be revealed by producing the title deeds, and so on.

Usually, the attack pushes the wrongdoer spouse into a corner and softens his defense.

Keeping the Client Calm and Collected

The petitioning spouse can lose his/her cool easily in an at-fault case, especially when the other spouse lies or tries to deceive the courts. Experienced attorneys are aware that at-fault divorce cases are messy and therefore they prepare their clients about how to behave in the courts. They coach their clients on how to control their anger and keep the divorce goals in mind instead of seeking instant gratification by venting their feelings.

They help their clients feel relaxed and secure and make them behave appropriately and focus on their goals rather than on their emotions.

Negotiating Efficiently

Even in an at-fault divorce, there is some give and take. The objective of the petitioner’s lawyer is to ensure a solid deal for the client. The lawyer knows that the client may not always get the best deal possible, and so, when negotiations come to a point where the petitioning spouse is getting a good deal, maybe a little lower than the client’s expectations, the attorney will likely suggest that his client compromise and accept the offer instead of dragging the case on.

Usually, deals between the fighting parties can come about during the trial period. Ultimately, the at-fault divorce lawyer’s objective is to secure a win for the client – maybe not a thumping win, but a convincing win that covers emotional costs, penalties for wrongdoing, legal fees, and the rightful alimony, child support, and child custody.

To establish the other spouse’s fault, you need an experienced attorney who strategizes – not one who wants you to seek revenge. Take this into account while interviewing lawyers.

Excellent

Brown Family Law

Based on 938 reviews

See all reviews

bjenness79

I highly recommend Nathaniel Garrabrandt and Brown Family Law. If you are going through a divorce and your parental rights are being falsely challenged they are a great option. Nathaniel and Brown family law are professional, very knowledgeable, and know how to navigate within the broken and biased Utah family law court system. They were highly communicative throughout the process. They can potentially save you a lot of time and money if lawfare is being waged against you.

Barbara Thayer

Could not help with my case but referred me to someone who could .

Trisha Caldwell

Clay Randle was great and I would highly recommend him for an attorney.

Danny Caine

Russell was my Lawyer at Brown Family Law. He helped me through my multiple cases after my divorce. He was very responsive whenever I had questions about my cases or understanding how the law works. Russell was respectful of how he used my retainer and always gave me good sound advice even if it wasn’t what I wanted to hear. I highly recommend his services if you’re looking for a top notch Family lawyer! 5 out of 5 stars ⭐️⭐️⭐️⭐️⭐️

Joseph Hutto

I recently engaged Andrew to review my divorce decree that was finalized in another state. He gave me excellent advice. I did not feel pressured to proceed one way or another. Instead, he gave me very reasonable scenarios to consider and allowed me to proceed down the path that felt most comfortable to me.

Natalie Warner

Clay Randle with Brown Family Law was excellent! I love the way the procedures with this company are organized. The attorney calls every Friday to check in with you so there’s no phone tag. Questions are answered very timely every week. Clay was very prompt in responding to emails. He was also great to “read the room” or the situation rather. Throughout the divorce, where grace was extended and healthy negotiation prevailed, he appeared to navigate the process in a calm and skillful way. I could see how he definitely had the capacity to respond in a more contentious, emotionally charged way if needed. He encouraged healthy boundaries with the splitting of assets and he understood both sides of what could happen if asking for a specific thing in the divorce. During a painful situation, Clay was able to crack some (tasteful) jokes and tried to keep a heavy situation feel a little less heavy. Couples seeking a divorce would be wise to choose Brown Family Law. They will be in great hands.

Dusty Boyer

I wholeheartedly recommend Andrew Christensen to anyone facing a divorce or custody battle. His passion and thoroughness as a divorce and custody attorney are truly exceptional. You’d think his name was on the firm’s door with the way he handles business—pouring his heart and expertise into every detail, even though it’s not his firm! From our first meeting, Andrew went far beyond a typical consultation, taking the time to listen, understand my situation, and craft a strategy that led to a successful outcome in my custody case. His dedication, compassion, and meticulous approach make him stand out. If you need an attorney who will fight for you like it’s personal, Andrew is the one to call!

Natalie Lewis

I absolutely believe that Brown Family Law is the best divorce attorney law firm in Utah. Attorney Ray Hingson did a fantastic job for me in a complicated divorce. He was there to guide me through the entire process. Ray touched base with me every week AND every time I called with worries or concerns. He handled things confidently and professionally. He took time to meet with me and explain everything so I could understand it. I felt like he really cared and wanted to do his best for me. His paralegal, Carren Leavitt, was also extremely helpful. All I had to do was pick up the phone and call her and she arranged a time for Ray to call me right back. She was always prompt and caring. I couldn't be happier!