Divorce Mistakes to Avoid

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5. Hiding assets

You have worked hard for you assets and it is natural to want to protect the fruits of your labor. However, trying to hide assets during a divorce can cause significant damage to your case and could jeopardize those assets you are trying to protect. Divorce mistakes like this can harm your case. 

Both parties in a divorce are legally required to fully disclose all assets and debts. If not disclosed that asset could be awarded to your wife—meaning she will get 100 percent of the asset.  In addition to forfeiting the asset, you could be charged with perjury. Committing perjury (lying under oath) can result in jail time, fines, or even the dismissal of your case.

4. Moving out first

Once the divorce decision has been made, it is natural to want to vacate the marital home. Many men erroneously think that moving out will make the divorce process easier. Unfortunately, by leaving the home men may be setting a precedent that will create more challenges.

If you have children, moving out first can further complicate your case. Moving away from your children without a written and signed parenting plan can create a pattern of support and custody.

Before vacating the home, take the time to create an exit strategy. Staying in the home might be difficult, but the long-term benefits can be worth the temporary difficulties.  Take an inventory of belongings, gather important documents, and consult with a family law attorney before moving out. Taking the steps will help you protect your rights and your assets.

3. Losing control of your temper

Divorce is stressful. The end of a marriage is usually emotionally charged with both parties feeling angry, hurt, and confused. This can be a perfect storm for losing your cool. But getting overly aggressive or violent will only hurt your case. Restraining orders or criminal charges can result from losing your cool and will make getting what you want more difficult.

Finding constructive outlets for managing your emotions can be key during a divorce. Focus on hobbies, go to the gym, or talk with a therapist to keep your stress and emotions from getting out of control.

2. Not talking to an attorney

An experienced divorce attorney can assess your personal circumstances and help you create a strategy. Even if you decide a do-it-yourself divorce is your best option, consulting with a family law attorney will help you understand your situation and your options for dissolving your marriage.

When consulting with an attorney make sure you speak with a lawyer that is experienced in family law and divorce in particular. A family law attorney will understand the nuances of the divorce process in your jurisdiction and can give you valuable insight and guidance.

1. Not putting your kids first

Divorce is a difficult for children. The impact of the dissolution of your marriage can significantly affect your kids. Keeping the best interests of your kids at the forefront of your decision-making will keep you focused on making the best possible decisions.

Successfully co-parenting will demonstrate your commitment to your children will be helpful in establishing custody. Remaining actively involved in your child’s daily life, minimizing the impact of the divorce and keeping a civil demeanor with your spouse will demonstrate your fitness as a parent.

Avoiding these common mistakes will set you on course for minimizing obstacles in your divorce. If you have questions about divorce, custody, or other family law issues, please call our managing attorney, Colin Amos. Colin will provide you with answers over the phone at no charge and no obligation.

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