Sometimes, divorces cases can be amicable or straightforward…or even both. Other times, though, they are the furthest thing from amicable or straightforward. Parties may seek to use whatever they have at their disposal that they think will give them leverage in getting the outcome they want. Sometimes, they engage in improper tactics. When that happens, there may be recourse for the spouse who was harmed by the other spouse’s improper conduct. As with almost any legal issue, however, the law only gives you a limited time to act. That’s why, if you think you’ve been a victim of coercion or duress in your divorce settlement, or that your spouse has otherwise acted improperly, you should talk to an experienced Florida divorce attorney right away.
One recent case from North Florida involved an apparently salacious example of potential coercion or duress. The underlying action was a complicated divorce litigation case involving a Jacksonville-area attorney and his wife. At some point while the divorce case was going forward, the husband encountered a serious problem. He had a mistress, and his wife had pictures of her husband and the other woman. The appeals court’s opinion stated that the wife “allegedly obtained” pictures of the husband and mistress that were “of a private nature.” The appeals court’s opinion did not elaborate further on the exact “private nature” of the images or precisely how the wife came to be in possession of those photos.
Regardless, the wife allegedly used the photos as leverage, threatening the husband with their public release if he did not agree to settle the couple’s divorce case on terms she preferred. In his court papers, the husband asserted that the divorce mediator told the husband that, if he did not give the wife “what she wanted,” he’d end up owing alimony, child support, and the wife’s attorneys’ fees, in addition to receiving no timesharing with the couple’s children. The husband capitulated to the wife’s demands.