Learn from Common Legal Mistakes Before Divorcing

Posted By The Law Office of Janet McCullar, P.C. || 3-Feb-2017

It’s no surprise people begin divorce proceedings with no idea what to expect. Even those who have married and divorced before could make the mistake of misjudging how their new spouse will react to this legal situation. Try to avoid the following common mistakes people make when divorcing.

Going Straight to Court

People often think divorce has to be contentious and unpleasant, but this isn’t necessarily true. Many people divorce amicably. While you may have conflicted or uncomfortable feelings about your spouse, you don’t have to bring a judge into the situation from day one. Today, many couples opt for negotiation, mediation, or collaborative law in order to avoid costly, drawn-out court proceedings. If you and your spouse can’t manage to agree on anything, a lawyer, or a small group of lawyers, can help you determine how to split property and assets.

Being in It to Win It

While it may feel like a battle, there is no winner in divorce. There is no loser either. Separation from a partner is a legal process of disentanglement and moving on. If you go into divorce proceedings looking to “win” something, you will be sorely disappointed by the result. Most property division, if not exactly equal, is equitable, meaning a judge or a lawyer will be interested in what is fair for both parties, not just you. Also, if your children are involved as well, you don’t want them to be in the position of having to root for one parent over the other. Not only is this unhealthy for them, but it will also reflect poorly on you during a custody battle.

Choosing the Wrong Lawyer

Just as you wouldn’t ask an orthopedic surgeon to look at your brain tumor, you wouldn’t ask a specialist in criminal defense to help you resolve your divorce. While lawyers can study more than one type of law, they usually perfect one area. Divorce attorneys, or excellent family law attorneys, will know how to negotiate, mediate, and represent your case in court. They will know which documents need to be filed and where and how to best present yourself if your case is presented to a judge.

Misjudging Your Finances

Divorce can be expensive. Avoiding a court trial is one way people can circumvent expensive legal proceedings, but it isn’t the only one. Fighting will cost you more money, as compromise tends to make things go faster. Disagreeing with your spouse out of spite will drain your resources, just as it will drain your time. Additionally, anything you get during the divorce you might be taxed on. For example, if you and your spouse divide investments, you will later have to pay taxes on them. Make sure you understand what the financial consequence of dividing your property will be. If you get the house, what will that mean in terms of property tax and home insurance costs?

Posting Negative Things on Social Media

Social media, such as Facebook and Twitter, are sometimes outlets for people’s frustrations. If you have a bad day at work, it only takes a few seconds to share your ire with your entire friend list. It may be easy to vent anger against your spouse online, but your spouse’s lawyer could use it as evidence against you in court. Judges may not look favorably on you in custody battles or alimony proceedings if you prove to everyone you have a short temper and poor impulse control.

Ensure you are fully prepared before beginning a divorce. Contact one of our Austin divorce attorneys to start discussing your situation and desired outcome. Call us at (512) 355-1123 or fill out our online form to schedule a consultation. Trust our experienced lawyers with your future.

Categories: Divorce
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