Common Mistakes to Avoid in Divorce
Divorce is one of the most stressful processes you endure. From facing a broken family to potentially losing your children's custody and home, there is a lot that you have to process in a short time. As such, it is natural for you to make mistakes. But some of these mistakes can cost you your case. Below are some of the common divorce mistakes that you should avoid, according to our family lawyer in Scottsdale:
Acting Out of Revenge
If you feel your spouse is responsible for your divorce, it is natural to want revenge during your divorce proceedings. You may prolong the case, fight for assets, or create other hurdles. While this may give you some initial satisfaction, using the court to get revenge can affect you in the following ways:
- It can increase the cost of your divorce proceedings significantly. This can also sometimes mean that property or assets you could have gotten after the divorce may be used to pay for legal expenses.
- It can impact your children negatively.
- It can still leave you unsatisfied with your divorce outcomes as the goal of revenge cannot be awarded through courts.
Bad Mouthing Your Spouse to Your Children
No matter what you feel about your spouse, you should avoid talking badly about them to your children. Doing so can:
- Unnecessarily hurt your children and cause them emotional trauma.
- Hurt your rights in future custody cases as the court will consider each parent's role in fostering a healthy relationship with the other parent.
If you feel angry and want to vent your feelings, you can find other ways to deal with them and keep them out of court.
Using Your Children As Pawns
Your divorce will affect your children as much as it affects you, if not more. You should not force your children to be intermediaries between you and your spouse. If you do so, they may resent your spouse or both of you and may experience permanent psychological and emotional trauma.
Withholding Information or Lying in Court
This is a critical mistake that can cost you your case. No matter what, you should not lie or hide information in court. This applies to legal documents, forms, and affidavits as well. Ensure you disclose all information, including any marital assets that you may have. Lying in court can affect you in the following ways:
- You could lose important ground in the case
- You could compromise any agreements or settlements if you get caught
- You could potentially face criminal charges for fraud
Making Important Decisions Based on Emotions
Divorce brings with it a range of intense emotions. You could feel anger, frustration, sorrow, and despair at the same time. It may be impossible for you to look at things calmly and with a logical and rational perspective. This is especially true if your children are also involved. You must control your emotions and try to see things practically and clearly, no matter how tough.
Not Checking the Documentation and Paperwork
Any person, including your attorney, could make mistakes while filing paperwork and documents related to your divorce case. Therefore, ensure you check all the paperwork related to your case thoroughly. Don't sign anything unless all the information in the paperwork is accurate and you 100% agree with it.
Not Considering Taxes When Drafting the Settlement Agreement
Your divorce settlement agreement will divide your marital assets, determine child custody, and estimate spousal support. Ensure you consider your taxes when you agree to divide money and assets. This is especially important if the division includes retirement and pension plans. Ignoring taxes will leave you with considerably devalued spousal support payments and properties.
Not Considering Your Financial Situation After the Divorce
A divorce case will impact your financial situation, mostly by reducing the total income in your home. In some cases, you may have to cover new insurance costs, pay off marital debt, and arrange for potential child support payments. You must take some time to analyze your current financial situation and consider how the divorce will affect you financially. It can help you make proper decisions, plan for the future, and demand an appropriate settlement.
Not Complying With Court Orders
The family court may issue a set of orders about custody and alimony once you and your spouse officially file for divorce. You must ensure that you fully understand the terms of these orders and comply with them. This is critical to retaining your position, not losing solid ground in your case, and avoiding costly complications during the proceedings.
Making Oral Agreements With Your Spouse
You should never enter into any oral agreement with your spouse, even if both of you maintain a healthy relationship. You must put down everything you discuss and agree upon in a written agreement to protect your interests. It is almost impossible to enforce oral agreements, especially if another written agreement says otherwise.
Letting Your Spouse Convince You Not to Hire a Divorce Attorney
Your spouse may believe it is unnecessary to hire a divorce attorney. Or they may feel that only one attorney can represent you both in the divorce case. Disagree if your spouse tries to convince you not to hire an attorney or retain a joint attorney. You must hire an independent lawyer who can guide you and fight the case for you. Maintaining a common attorney can lead to a conflict of interest and bring up loyalty issues. This can potentially affect your case, and you could lose more than expected.
Not Retaining an Experienced Divorce Attorney
The final and single biggest mistake is not hiring an experienced divorce attorney to handle your case. Any divorce case can become complicated quickly. An experienced attorney representing you in court can help protect your interests, prevent you from making critical mistakes, and get you the best outcome possible.
https://familylawattorneymesaaz.net/scottsdale/ offers divorce lawyers and family law attorneys in Scottsdale to handle your divorce and other family law cases. We have over 30 years of experience handling various divorce cases and will do our best to get you the best outcome possible.
Name, Address, and Phone
Genesis Family Law and Divorce Lawyers in Scottsdale AZ,
7702 East Doubletree Ranch Road #336
Scottsdale AZ 85258,
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