Filing for divorce is a major life decision that can be emotionally and financially draining. While the process can be complex, avoiding certain missteps can help ensure a smoother and less stressful experience. Here are key things not to do when filing for divorce to protect your rights, well-being, and future.
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Don’t Act On Emotion Alone
Strong emotions like anger, sadness, or frustration often fuel divorce. While it’s natural to feel these emotions, making decisions based solely on how you feel in the moment can be dangerous. Rash actions such as seeking revenge, arguing relentlessly, or making impulsive decisions can create long-term consequences, both legally and financially.
For instance, moving out of the marital home out of frustration without consulting an attorney may impact property division or child custody issues. Emotional decisions can also lead to agreeing to unfavorable terms just to “end the pain,” which could cause financial strain down the road. Always take a step back, consult your lawyer, and approach decisions rationally and strategically.
Don’t Hide Assets Or Withhold Information
It may be tempting to hide assets or misrepresent financial information, especially if you believe it will help you retain more during the divorce settlement. However, this is a serious mistake that can backfire. Courts require both parties to fully disclose all assets, income, and debts. If the court finds out that you have hidden assets or provided false information, you may face legal penalties, lose credibility, and jeopardize your chances of a fair settlement.
Be transparent and honest about your finances. Even if you think certain assets are not relevant, disclose them. An attorney can help you determine what is legally significant and how to handle complex financial situations.
Don’t Use Children As Leverage
One of the most damaging things you can do during a divorce is to use your children as bargaining chips or leverage against your spouse. Children should never be caught in the middle of disputes between parents. Trying to manipulate the custody arrangement or limit your spouse’s access to the children out of spite can harm your kids emotionally and damage your case in court.
Family courts prioritize the best interests of the child, and any behavior that appears to be manipulating the situation or alienating the other parent can work against you. Focus on creating a stable and healthy environment for your children, regardless of the issues between you and your spouse.
Don’t Ignore Legal Advice
It’s easy to feel overwhelmed by the legal process, and some individuals may be tempted to take matters into their own hands by ignoring their lawyer’s advice. However, this can be a costly mistake. The divorce attorneys at Dolan + Zimmerman LLP note that such attorneys are trained professionals who understand the intricacies of the legal system, and their job is to guide you through the process in a way that protects your best interests.
For example, failing to follow legal advice when it comes to child support, asset division, or alimony can lead to unfavorable outcomes. Your lawyer’s role is to help you navigate legal complexities, so trust their expertise, even when emotions run high or the situation feels uncertain.
Don’t Air Your Dirty Laundry On Social Media
Social media has become an outlet for people to express their emotions and frustrations. However, when it comes to divorce, airing grievances or posting negative comments about your spouse can be a huge mistake. Anything you post on social media can potentially be used against you in court. This includes not only comments about your spouse but also posts related to your lifestyle, finances, or parenting.
For example, a seemingly harmless post about an expensive vacation or luxury purchase could be used to argue that you have more financial resources than you claimed. It’s best to refrain from posting anything about your divorce or personal matters on social media until the legal process is complete.
Don’t Make Significant Financial Changes Without Consultation
Filing for divorce can lead to uncertainty about your financial future, and you might feel the urge to take drastic measures, such as withdrawing large sums of money, selling assets, or canceling joint accounts. However, making significant financial changes without consulting your lawyer can hurt your case. Courts often impose automatic temporary restraining orders (ATROs) during divorce proceedings, which prevent either spouse from making large financial moves without permission.
Taking unilateral actions like cleaning out a joint bank account or selling property without proper legal advice can make you look untrustworthy in court and lead to serious consequences. Always consult your attorney before making any major financial decisions during the divorce process.
Don’t Forget To Consider Long-Term Consequences
When emotions are running high, it’s easy to focus on getting through the immediate challenges of divorce rather than thinking about long-term consequences. However, decisions you make now can affect your financial security, relationships, and well-being for years to come. It’s crucial to consider the long-term implications of any agreements you enter into regarding child custody, spousal support, and property division.
For example, settling for an unfair division of assets or agreeing to terms that don’t account for future needs can leave you struggling financially in the years following the divorce. Don’t rush to finalize the divorce just to “get it over with.” Take your time to ensure that any agreements are fair and that they reflect your long-term interests.
Filing for divorce is a life-altering decision that requires careful thought and planning. Avoiding these common mistakes can help you navigate the process more smoothly and ensure a fair and successful outcome. By staying level-headed, consulting with your lawyer, and focusing on the long-term, you can protect your rights and future during this difficult time.