5 Common Divorce Mistakes
The latest census poll shows the majority of divorcees of this era are divorcing their first spouse more frequently. This means that these people have never gone through an entire divorce process before and do not know all there is to know about the procedures and steps taken in order to properly and legally finalize a divorce.
The best way to better understand something is to educate yourself on the topic. That is why comprised below are a few of the most frequently made mistakes in the divorce process. Knowing what not to do will hopefully steer you in the direction of what to do.
#1. Believing your spouse will be fair and cooperative.
Divorces can be trying, lengthy and will usually always place stress on all involved. Most people facing a divorce are emotionally vulnerable and upset, and many are in a state of denial. If a divorce is anything but amicable, always assume that your ex-spouse is going for the jugular. Going into a prize fight assuming your opponent will hit you softly will always end up with you on your back. In the case of divorce, you will never have the settlement you desire if you do not do all you can to obtain it.
#2. Lying to your lawyer.
Lawyers are your allies. They are your direct link to having a smooth and successful divorce. This can only come with complete and utter honesty. Lawyers have heard everything under the sun, and are typically professional about the ins and outs of their clients. Telling them absolutely everything, disclosing all information both good and bad, will ultimately help you in the long run when a decision is made in terms of your marriage dissolution.
#3. Lying in court.
If you do indeed have a trial, the result is directly affected by your credibility. Judges are generally experts at determining who is telling the truth and who is lying. This is because mass amounts of extensive research is done into the marriage and both parties themselves. Not only is lying in court a crime, but you are bound to be caught lying in court. Divorce lawyers have a duty to stop a proceeding and tell the court if he or she knows you are misrepresenting facts of any kind. If you have areas of your case that are sensitive, work with your lawyer on what you are going to say but do not misrepresent the facts.
#4. Allowing emotions rather than logic to rule your legal decisions.
Going through a divorce is most aptly compared to an emotional roller coaster. It is often hard to put feelings aside and keep an eye on the prize by being rational and sensible. As stressful as the situation may be, keeping composure at all times is best for all involved. If you let your emotions gain control, rather than reason and logic, you will undermine your case. Being reflective, versus being reactive, is the best way to approach the proceedings.
#5. Hiding or failing to produce documents.
You have an absolute right to see your spouse’s financial documents throughout all divorce proceedings; but this means your spouse absolutely has the right to see your financial documents too. This should not be a problem, as most couples share finances and share access. Although, on the off chance that separate accounts have been opened or are owned, both known to the spouse and unbeknownst, they need to be disclosed upon filing for divorce. Failure to do so will result in major repercussions. The court can force you to produce records, and order that you pay your spouse’s lawyer fees incurred in getting the records. Good clients and good lawyers produce documents quickly and voluntarily.
So, avoid these pitfalls at all costs. Be open and honest at all times, and let your case speak for itself. Do not make these mistakes, as they will hurt you and your case in the long run.