Divorce and child custody battles can be frightening enough without making mistakes that come back to haunt you in court.

In Episode 99 of Cases & Cocktails, Bryan and Janice Eggleston celebrate Halloween by discussing some of the biggest mistakes people make during divorce and custody disputes. From emotional text messages to questionable financial decisions, they explain how actions intended to strengthen a case can ultimately create serious legal problems.

This Week’s Cocktail: Blue Coconut Margarita

To celebrate the spooky season, Bryan and Janice enjoy a festive Blue Coconut Margarita, jokingly renamed the ”Boo Coconut Margarita.”

Ingredients:

• Blue Curaçao
• Tequila
• Lime juice
• Cream of coconut

The colorful cocktail earns comparisons to a blue Sweet Tart candy as the hosts share Halloween memories and haunted house experiences.

1. Sending Angry Text Messages

One of the most common mistakes in divorce litigation is sending emotional or confrontational text messages.

Bryan and Janice explain that people often feel compelled to defend themselves against accusations from their former spouse. What starts as a simple disagreement can quickly become pages of angry messages.

The problem? Those messages can become evidence in court.

Statements made in frustration may be presented months or even years later, potentially damaging a parent's credibility.

Before sending an emotional response, consider how it might look to a judge who doesn't know the full history of the relationship.

2. Moving Money or Hiding Assets

Another potentially damaging mistake involves transferring money or property before or during divorce proceedings.

Some individuals empty bank accounts because they fear losing access to money. Others transfer assets to relatives or romantic partners, believing those assets will no longer be considered during property division.

These actions can create additional legal complications and may raise concerns about financial control, dishonesty, or attempts to conceal marital property.

Moving assets doesn't necessarily protect them from division in a Texas divorce. Instead, it may make an already complicated case even harder.

3. Introducing a New Romantic Partner Too Quickly

Starting a new relationship during a lengthy divorce isn't necessarily unusual.

However, Bryan and Janice caution that introducing a new partner to children immediately, or publicly sharing the relationship on social media, can create unexpected problems.

The new partner's behavior, relationship with the children, and involvement in family life may become subjects of litigation.

Even seemingly harmless social media posts can raise questions about parenting priorities or financial spending.

The hosts encourage parents to consider how these decisions could affect their children and their ongoing custody case.

4. Recording Everything for Court

Perhaps the biggest concern discussed in Episode 99 is the growing tendency to record nearly every interaction during custody disputes.

Parents may record arguments, custody exchanges, conversations with their children, or interactions with their former spouse, believing the recordings will prove their case.

But Bryan and Janice explain that recordings can sometimes hurt the person who made them.

Judges may question why a parent was recording instead of addressing the situation or protecting the children involved.

Recordings can also lack important context, including what happened before or after the camera was turned on.

Additionally, recordings relevant to litigation may have to be disclosed during discovery, even when the person who created them never intended to use them in court.

While some recordings may be appropriate, the hosts stress the importance of consulting an attorney before developing a strategy around collecting evidence.

The Best Way to Avoid a Divorce Horror Story

The biggest takeaway from Episode 99 is simple: Don't assume something will help your divorce case just because it seems like a good idea at the time.

Advice from friends, social media, or someone else's divorce experience may not apply to your circumstances.

Bryan and Janice encourage individuals to consult an experienced family law attorney early, even if divorce isn't yet certain.

Understanding the potential consequences of your decisions before making them can help prevent costly mistakes later.

As Cases & Cocktails approaches its milestone 100th episode, this Halloween special reminds us that some of the scariest situations in family law are the ones people unintentionally create themselves.

Watch or listen to Episode 99 of Cases & Cocktails for Bryan and Janice's full discussion of divorce horror stories, child custody mistakes, and how to avoid decisions that could haunt your case.