Divorce, or as it is now called, dissolution of marriage, is, unfortunately, a common occurrence in nearly 50% of all marriages in the United States. Depending on the state of residence of the couple will determine much of how the actual divorce proceedings will happen. In most instances, it is wise to obtain the representation of a Family Law attorney as the divorce process can seem like a jungle, and a trained guide is needed to find the way out. Not using an attorney to work a divorce is definitely one of the major mistakes a person can make. And there are other mistakes that will affect the outcome of a divorce. Here are some of them:
- In many states, mediation is required before a divorce case can be scheduled on the court calendar. It is a mistake to think mediation is a bad idea. In fact, a successful mediation can have many advantages. For example, mediation is much less costly in attorney fees and court costs. As most family courts are backed up for months, a mediation is over in one day, and with the signing of the marital agreement, which will be sent to the judge for review and signature, a divorce can be over in weeks rather than months. In mediation, a couple can decide for themselves rather than having a judge decide about alimony, minor child care and support, who gets the family pet(s), and how marital assets and liabilities will be divided. All states except Idaho, Washington, Wisconsin, Nevada, New Mexico, California, Texas, Louisiana, Arizona, and Alaska, where a couple can choose either have equitable distribution, not equal distribution, so dividing assets and liabilities is a big issue. And finally, mediation proceedings are not made public, as are the proceedings of a court hearing. Not going into mediation with the willingness to compromise is a big mistake.
- Talking too much to too many people, including and especially minor children, can hurt both parties. This is especially true with the use of social media, email, and texting, as these methods of communication are now admissible in court as evidence.
- Not telling the truth about financial disclosures or trying to hide assets and liabilities is a huge mistake. A person may not get found out, but if they do, there are serious consequences.
- Trying to influence minor children to take sides in the divorce. Children need love and nurturing from both parents and should never be made to feel that the divorce is their fault in any way or that the “other parent” doesn’t love them anymore.
- Making large purchases with marital funds. Most states penalize a party who continues to misuse marital funds during a divorce proceeding. Marital funds are monies made by either party after marriage or money made before marriage but put into a joint account following marriage.
- Destroying or refusing to produce receipts or evidence necessary to a divorce proceeding, such as large purchase items, personal loans, trips taken, and marital money spent on paramours.
- Misrepresentation of the reason for a job change with income reduction or the state of a party’s health requiring financial help.
- Failure to tell the truth to the attorney representing them or not giving the attorney all the necessary information to successfully represent their client.
Divorce is a life-changing event, and anyone going through the ordeal should be careful not to make the mistakes listed above. An attorney or judge cannot do their job correctly if clients decide not to cooperate. And in many cases, a judge will make a harsh ruling unfavorable to a party if that person is found guilty of mistakes.
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