Divorce can be a very nerve-racking and upsetting process.
Generally speaking, most people going through a divorce are doing it for the
first time and have little experience with the process. Therefore, you can
easily make mistakes that can have long-lasting financial and emotional
effects.
Below are some of the more common divorce slip-ups to
avoid.
Venting/Taking Advice from the Internet and Social
Media
You may have friends and family who have been through a
divorce and may want to offer you legal advice. While friends and family
support is invaluable during a divorce, they may not know what is best for you.
You may feel good venting on social media, but the habit
can be damaging for your divorce case. Any post, positive or negative, is
material evidence that your spouse can use against you in a court of law.
The internet is a great source of information on the
general statements on the law, and you should educate yourself. However,
internet and social media advice is not advised because you may get outdated
guidance as laws change frequently.
Every divorce situation is unique, and what worked for
another couple may not work for you. A family law attorney is your best bet
because you cannot find their experience and expertise on social media.
Furthermore, laws differ in each state, and your go-to person should understand
the laws in your jurisdiction.
Going Straight To Court
A divorce is a stressful time that may result in changes in
living standards and property ownership. As a result of the heightened emotions
of divorcees, you can easily rush to court because you're bitter.
The court may not be ideal for every couple, and other
alternatives to a court hearing exist. Mediation is one of the alternatives and
is significantly less expensive, faster, and easier on children.
Mediation is a collaborative process in the presence of a
neutral mediator. Mediation, however, requires honesty and may not work for
couples with trouble communicating. If unsure of what path to pursue, talk to
your attorney for legal guidance.
Involving Children in the Dispute
High-conflict divorces result in verbal and physical
altercations often witnessed by children. Children caught in the middle of a
divorce usually go through an emotional experience that can harm them
long-term.
When going through a divorce, parents must minimize the
impact of the divorce on children. Unfortunately, separating parents often
treat children like a card in divorce battles without realizing the emotional
damage their actions cause.
Children in a divorce are more likely to experience anxiety
and depression. Divorce also tends to affect their future relationships with
peers. Additionally, a parental breakup may also hamper their academic
performance.
Divorcing spouses can avoid the said pitfalls by:
- Telling children the
truth
- Presenting a united front
- Encouraging children to
share their feelings
- Giving reassurance,
love, and support to children
Hiding Assets, Information, or Documentation
One of the first steps in a divorce is the financial
disclosure process. As the law requires, each spouse should openly disclose all
assets (income, expenses, and debt).
Hiding assets, swearing false documents or information is a
fraud. Some common tricks include:
- Overstating debts
- Understating marital
property
- Reporting higher
expenses
- Reporting lower income
If convicted, the court may order the person to pay
restitution to the other spouse, pay a fine to the court, or face
incarceration.
Still, 31
percent
of adults in the US are deceptive about divorce proceedings. The
strategy is illegal and misguided. And the court may grant unequal property
division to punish the spouse who concealed assets.
The representation of an experienced lawyer will help you
avoid mistakes and protect your interests throughout the divorce process.
If you are thinking about divorce or are ready to start
proceedings, contact us
for some expert advice.
