7 Common Divorce Mistakes to Avoid Making
Divorce can be one of the most stressful processes people can endure, whether or not you have the help of a divorce attorney. From facing a divided family to potentially losing one’s home and custody of one’s children, the divorce process can:
- Bring up a lot of intense emotions that can compound the difficulty of the process
- Lead people to make some common divorce mistakes that may end up hurting their position in the case, as well as impacting their future for years to come
Below, we will point out some of the more common divorce mistakes to be aware of. If you are planning to end your marriage, adjust your plan accordingly.
The mistakes below are common ones we see people doing from all walks of life. You can get specific advice and experienced help with your divorce by contacting a trusted Las Vegas divorce attorney.
Mistake 1 – Trying to use the court to get revenge
When people are surprised by a divorce or they may feel like their spouse is to blame for the divorce, it’s not uncommon for them to want to get revenge during the divorce process. From trying to prolong the case to fighting for assets or other issues, there can be a lot of ways that divorcing partners may try to use the court system to exact revenge on a soon-to-be-ex spouse.
While this may provide some initial satisfaction to an embittered partner, using the court to try to get revenge can become problematic. Most people find that it can:
- Significantly increase the costs of divorce (and this can end up meaning that assets or property that should have gone to you or your children ends up going to legal expenses)
- End up impacting your children, as a prolonged divorce will likely compound children’s stress
- Leaving you feeling unsatisfied with the outcomes of your divorce, as the goal of “revenge” is generally not one that can be awarded through the courts
Mistake 2 – Bad mouthing your spouse to your children
Many people are angry, frustrated, and hurt by their spouse and the divorce. It’s normal. But do everything that you can to avoid talking badly about your spouse to your children. Just some of the reasons that avoiding this common divorce mistake is so important is that it can:
- Needlessly hurt your children
- End up hurting your rights in future custody cases, as the court tends to consider (among other things) the role that each parent will play in the future in fostering a healthy relationship with the other parent
So, if you find yourself wanting to rant about your spouse or just vent your feelings about the divorce process, make sure you do this with other adults whom you can trust (maybe even with a therapist) – and never with your children.
Mistake 3 – Lying in court or trying to hide marital assets
Whether you feel like your spouse has screwed you over or is going to try to take advantage of you in the upcoming divorce, try at all costs to avoid being dishonest in court. (This extends to any official court documents, affidavits, etc.) Do not hide or fail to disclose any marital assets as you proceed with your divorce.
Some of the reasons that lying in court and hiding assets are serious divorce mistakes are that they can:
- Result in you losing important ground in your divorce case
- Compromise any agreements or settlements that have already been made in your divorce case, as hiding assets or otherwise lying in divorce can be grounds to appeal final divorce decrees that may already be in place
- Can result in you potentially facing criminal charges of fraud
So, don’t try to make things “fair” now by lying or hiding assets in your divorce. Instead, let the courts do their job when it comes to overseeing contested divorce cases.
Mistake 4 – Letting your emotions obscure logic when making important divorce decisions
Frustration, despair, rage, and a mountain of other intense emotions that can be at play during the divorce process. Seeing things clearly through a calm, rational, and logical perspective can be a step shy of impossible. This can be especially true if you are trying to deal with matters related to your children, your home, and sentimental assets. It’s common for people involved in divorce to let their current emotions impact important decisions in the case.
For instance, people whose judgment may be clouded by intense emotions may end up:
- Fighting for things they don’t really want or need in the divorce
- Unnecessarily prolonging their divorce, which ultimately can increase the financial and emotional costs of the process
There will be times that you find your divorce is generating a lot of intense emotions. Take a moment to do what is necessary to regain a logical perspective. For many people, simply retaining an experienced divorce attorney can help them avoid this all-too-common and detrimental divorce mistake.
Mistake 5 – Not having realistic expectations regarding your financial future after divorce
Going through a divorce will inevitably change your financial situation. From having less income coming into your home to potentially having to cover new insurance costs, continue to pay for marital debt, all on top of potential child support payments, your financial state after divorce can be far different from what it was during your marriage.
When people are not prepared for such significant financial changes, however, they can end up:
- Failing to request the support payments they may need after divorce
- Forgetting their continuing marital debt obligations, which can quickly push them into serious debt
- Not making the essential plans ahead of time to prepare themselves for their financial life after divorce
To avoid making this common divorce mistake, take some time to analyze the financial issues you need to be ready to handle after divorce so that you have realistic expectations moving forward.
Mistake 6 – Not complying with court orders during and after divorce
Once you or your spouse officially files for divorce, the family court may issue various orders regarding alimony, custody, etc. In these cases, make sure that you:
- Fully understand the terms of every court order handed down in your case
- Comply with all of these orders
Following court orders during your divorce is critical to:
- Retaining your position and not losing important ground in your divorce case
- Avoiding unnecessary, potentially costly complications in your divorce
Sometimes people end up with court orders that they don’t feel are in their best interests. If this happens to you, make sure you go through the appropriate legal channels to have a judge modify the order. Finding yourself in contempt by not complying with the orders just makes a bad situation worse
Mistake 7 – Not retaining an experienced divorce attorney to represent you in your divorce
The single biggest divorce mistake people can make is not entrusting their case with an experienced divorce attorney. When it comes to divorce, the bottom line is that:
- The process can quickly become complicated and heated
- Having an experienced attorney represent you can help you avoid all divorce mistakes while protecting your interests and helping you resolve your divorce as favorably and efficiently as possible
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