Potential Consequences of Destroying Personal Items Accumulated Over Marriage

It is not uncommon for both people who are going through a divorce to feel emotional challenges around the situation. Some parties may handle this situation better than others but it’s possible that you or your spouse are tempted to destroy personal items that were accumulated over the course of the marriage. However, in New Jersey, consequences may apply for disposing of or destroying your former partner’s personal photographs accumulated during the marriage. A recent case found that 25 years’ worth of family pictures that were destroyed by an angry ex-wife to be worth $5,000.

In that particular case, the parties divorced after being married for 25 years. When they entered into a matrimonial settlement agreement, the husband was given the right to share family videos and photographs that were kept in the residence in which the wife presently resided. Shortly after the divorce, however, no copies were provided to the husband.

As a result, the husband sought enforcement of damages and rights for the breach of the marital settlement agreement and the court later scheduled the matter for a hearing. The court did not accept the testimony from the wife that she returned the childhood pictures for the husband and she did not share how she disposed of the photos. The consequences may be financial if you destroy property that was stipulated in a settlement agreement to go to the other party. Destroying property can come with financial consequences if you’re caught, so think twice about ruining those videos or photos.

It is far better to consult directly with your divorce attorney to understand your rights and responsibilities after deciding to end the marriage. Consulting with New Jersey divorce attorneys at Davis and Mendelson can give you an overview of what to expect if you file for divorce in New Jersey. Contact their office at 866-560-9512.

The articles on this blog are for informative purposes only and are no substitute for legal advice or an attorney/client relationship. If you are seeking legal advice, please contact our law firm directly.