5 BIGGEST MISTAKES PEOPLE MAKE DURING DIVORCE, WHICH WE SEE DAILY IN OUR PRACTICE
So now you’ve decided that you want to get a divorce. You might be feeling relieved, or angry, or sad. After all, this is an important decision and carries with it a lot of emotional weight.
The truth is that even if you’re the one who wants the divorce, ending your marriage isn’t always easy—and it can be expensive too. So before you start preparing for your big day, here are some of the biggest mistakes to make during divorce:
🚩 1. Thinking that both spouses can hire ONE shared lawyer to “settle” their divorce.
An attorney cannot represent two parties ethically. Attorneys need to put the best interests of their client in mind and can’t represent two clients with opposing views. If they represent the husband, for example, their client is the husband and the wife’s interests are of no importance to this attorney. This would be a conflict of interest and the attorney will not be able to defend both parties. In this situation, the attorney needs to withdraw from representing either party in order to avoid a conflict of interest.
🚩2. Rushing through a complex divorce and attempting to settle before both sides disclosed all the financials to each other.
There are some mistakes that you should avoid before making the final decision.
Divorce lawyers usually recommend their clients not to rush through a divorce and settle without disclosing all of the financials. They don’t want them to make this mistake because it could lead to a lot of future problems. There are some significant financial issues that need to be settled before you can finalize your divorce.
🚩3. Don’t use harsh language when talking about property settlement
A property settlement is a process where spouses divide their marital property income and assets. A fair property settlement can save couples from lengthy and costly court proceedings that may end in a long, drawn-out battle.
Divorce is not always a pleasant event. But, it doesn’t have to be the most stressful or painful part of your life. When you are going through a divorce, it’s important to try to keep everything as civil as possible. You should never use harsh language when talking about property settlement or anything else.
When going through a divorce, you will likely feel angry and hurt. It is normal to be emotional during the divorce process. But don’t take things too far by using sharp words and raising your voice during conversations about property settlement and your children’s well-being. Even in divorce, you are both in this together, trying your best for your kids.
🚩 4. Filing for divorce impulsively, to “punish” the other spouse.
It is never an easy decision to end a marriage. However, it can be an even harder process to file for divorce. There are many mistakes that individuals may make during the divorce process which can lead to long lasting consequences.
The 3 most common mistakes you should avoid when filing for divorce are: 1) don’t file impulsively, 2) don’t let emotions get in the way of your judgment and 3) don’t “punish” the other spouse by making unreasonable demands with the intention of having them sign.
Think about what you want your life to look like after filing for divorce before taking any steps towards this decision.
🚩 5. Hiring a paralegal to do it cheaply.
Don’t hire paralegals or friends who do not have experience with family law to take care of paperwork. They might miss something important that will delay your case and cost you more money in legal fees later on – time is money after all!
– Don’t neglect getting proper advice from an experienced lawyer about what to say or do at any stage in the process. You’ll avoid unnecessary delays or fights that would otherwise arise when you are working with someone who is not professionally suited to service your needs.
Remember, cheap is always expensive in the long run.
🚩 6. When the parties have kids – doing a quickie divorce without mentioning the kids or setting up child support, custody and parenting plan.
Don’t let children become pawns in your negotiation, and don’t make any promises about child custody without first consulting with an attorney. Some adults even sign divorce settlement agreements stating there are no minor children of the marriage when these children clearly exist!
You would be shocked to know how many of such divorces we see when there is a problem with the child support, visitation or custody that comes up not even that long after the divorce judgment is signed. Meanwhile, these same parents signed an agreement that they have no kids at all!
Imagine the fun of bringing this in front of a judge to reopen and vacate this faulty judgment of divorce for us when we have to put in affidavits that our clients LIED in sworn documents before, but are trying to convince the court they are honest now. Sheesh!
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