Common Mistakes to Avoid During a Divorce

Updated on October 14, 2022
Updated: October 10, 2022

Divorce can be time-consuming, emotionally draining, and expensive. During this time individuals go through a period of uncertainty. You should realize that every decision that you make during the process of divorce is crucial and it will have long-term consequences. You would want to avoid making mistakes during the process of divorce. There are common mistakes that you should avoid during a divorce so eth process can be less hectic.

For most people making sound decisions when they are emotional is not easy and they may end up making the wrong decisions. It is important for you to find a way to set your emotions aside so you can make the best decision for yourself and your children during the period of separation. Find solutions that are convenient for your situation.

During the period of divorce, the parties involved often experience feelings of loneliness, sadness, anger, and a mixture of so many emotions. These emotions are common among couples that have undergone a similar process. Emotions are what lead to life-altering mistakes both financially and emotionally. We are going to discuss some of the common divorce mistakes that have been made by couples so you can avoid them.

Attempting Divorce on Your Own

There are individuals that do not see the need to hire lawyers that can aid them in the process of divorce or they are of the belief that one attorney will be able to represent both parties. This is not true. Do not be convinced by anyone that you do not need an attorney to represent your interests during the divorce process unless you are going through an amicable divorce process where you agree on everything. However, even during divorce negotiations, you may need to consult with an attorney and seek legal advice.

When you do not hire an attorney during a divorce agreement the final agreement may not be in your favor which will result in negative financial consequences later on.

It is important to hire a qualified attorney experienced in family law. You can get referred to a family law attorney from either a friend, colleague, or another professional that you trust such as your therapist.

couple signing divorce papers, Mistakes to Avoid During a Divorce

FAQ: How much does a divorce lawyer cost?

Seeking Help from Family Members and Friends

Aside from not consulting with an attorney in your case the worst thing that you can do is take advice from your family or friends who have been through a similar process. Your family and friends even though they have gone through a divorce are not legal experts and each case is unique and will vary.

Get legal advice only from the divorce lawyer in charge of your case. The divorce planning process is complicated. It involves identification and division of marital property and will determine the future of your kids as well as their financial stability. Due to the seriousness of the process, it is important for you to only get advice about your rights and responsibilities from a qualified and competent legal representative.

Refusing to Negotiate

Refusing to negotiate is one of the most common divorce mistakes. Not negotiating leads to individuals going through lengthy and expensive litigation. Despite how contentious divorce is parties should always consider divorce as an option before proceeding to trial. In the likelihood that the individuals are able to work out their differences and come to an agreement, they can avoid going to court.

However, if one of the parties refuses to negotiate and only insists on things being done their way the divorce will be difficult. Some of the best divorce resolutions are arrived at when both individuals agree to negotiate and reach a fair settlement instead of letting a judge decide for them. Unfortunately, it doesn’t always work that way and couples may have to go to family court.

Failing to Plan for the Future

Decisions made right before and during the divorce process are crucial and will impact one’s life permanently. A major mistake that individuals make is failing to plan for the future when getting a divorce. This includes one not planning for what is to be their new financial future.

Having a financial plan that’s solid after divorce is crucial. This is most especially true if there are children involved. It is important to have a budget in place that will help you to ensure that you have enough money in your savings account for expenses such as childcare, food, rent, utilities, and household expenses.

A lot of individuals may have a hard time understanding where to start. In the case where you have no idea where to start, you can get in touch with a financial planner. Also, you can consult with a family law attorney so you can get advice. Planning ahead helps ensure that the transition into your new life is smoother for each person involved and you will be able to reduce the stress which comes with divorce.

Failing to Identify Your Separate Property

For property division full disclosure is necessary and it is important for each party to disclose all of the assets or properties that they own. It is important to distinguish between marital assets and separate properties.

Separate property includes things such as inherited properties, family-owned businesses, family homes, or savings in your separate bank account. However, it is important to note that there are ways that separate properties can become marital property.

If you are not able to identify separate property your property or assets may be distributed to your spouse during the divorce process. Also, it reduces the contentious issues during divorce when it comes to division or property since separate property cannot be distributed to the other spouse.

Handling Your Affairs Based on Your Emotions

During the process of divorce, an individual goes through a range of emotions such as anger, guilt, and at times they may feel like they want to get revenge against their soon-to-be ex-spouse. It is normal to experience these kinds of emotions but it is not advisable to act upon them.

When you act based on your emotions and not based on rational reasoning it can result in you making decisions in your divorce that can end up negatively impacting you as an individual. It is much more beneficial for you to seek help from a family counselor or a family therapist or a family lawyer so they can help to make sound decisions in regard to your divorce process.

broken heart inside dictionary definition of divorce, Mistakes to Avoid During a Divorce

FAQ: How to win child custody after a divorce?

Alienating Your Children from Your Spouse

When going through divorce one of the parents in a fit of rage or with malicious intent can trash talk the other parent to the child/children so they can draw them to their side. This can be referred to as parental alienation. This will not only impact the mental health of the child but as well may impact the decision the judge makes when it comes to the issue of child custody.

When going through a divorce avoid talking to your children about the other parent. If you need to vent you should talk to your friend, or family member or maybe go to a therapist. Your child should not be put in between the affairs of his or her parents.

In certain situations, one of the parties in order to punish the other parent may deny the other parent access to the children. This can put them in trouble with the court as the other parent also has rights to the child. It is crucial to adhere to the set parenting visit schedule.

It is important for individuals to remain cordial during divorce for the sake of their children.

Taking on New Debt

One of the biggest mistakes that an individual makes is taking a loan or overspending using their credit card thinking that the other party will be responsible for paying their debt. The assumption comes from the fact that since the other party has been the breadwinner of the family they will be responsible for settling the whole debt or part of the debt.

However, this may not be the case. The family judge will be able to detect your spending patterns or your spouse’s spending patterns and see them for what it is. As a result, the judge may give an order for the individual responsible to either settle the debt by themselves or if they were maxing out credit cards to return the debt.

It is not advisable to make any major financial moves during divorce as it may cost you in the long run.

If you need solid advice about your divorce settlement and help with the financial mistakes you want to avoid you can talk to a divorce attorney from Tommalieh Law. Our experienced family law attorney has extensive experience in family law. They will walk you through your divorce proceedings as well as represent you and advise you during settlement negotiations. 

Give us a call at Tommalieh Law today and schedule your free initial consultation.

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