Common Mistakes During a Divorce

Divorce can be a complicated process to navigate. Complex issues will need to be resolved, including spousal support and the distribution of marital property. While it can be challenging to set aside your differences to resolve your issues and work towards a mutually agreeable divorce agreement, it is in both of your best interests. Unfortunately, this does not always happen.

When emotions are running high, you and your spouse are more likely to make mistakes that can harm the outcome of your divorce. The following are examples of common mistakes that couples make when going through a divorce, as well as recommendations for how to avoid them.

Making Decisions Based on Emotions

It is completely normal to experience a range of emotions when going through a divorce. However, making major decisions based on emotions is not in your best interest.

Instead of making potentially damaging decisions based on emotions, addressing these issues with a therapist or family counselor is highly recommended.

Failing to Seek Quality Legal Advice

You may have friends or family members who have gone through a divorce and are more than happy to offer advice. However, while their intentions are good, your friends and family are not experienced attorneys.

It is in your best interest to work with a dedicated divorce lawyer who will protect your legal rights.

Not Being Completely Honest With Your Divorce Lawyer

You may be tempted to withhold information from your lawyer if you think it will negatively impact the outcome of your settlement. However, if you mislead your lawyer or fail to disclose important information, this can cause irreparable damage to your case.

Always be honest with your divorce lawyer, and answer all questions thoroughly.

Involving Your Children

Sometimes, spouses put their children in the middle and expect them to choose sides. Your children’s best interests should be your top priority. If you cannot set aside your differences, seek professional help from a therapist or mediator.

Posting About Your Divorce on Social Media

While you may be tempted to post the latest developments in your divorce on your social media platforms, this is strongly discouraged. Anything you post on Facebook, Instagram, Twitter, or any other platform can be used as evidence against you if your case goes to court.

Avoid posting anything on social media until you have reached a divorce agreement. Even then, it is recommended that you do not post about the details of your divorce, custody issues, or anything that could jeopardize your agreement.

Hiding Assets From Your Spouse

This is another tactic some spouses will resort to prevent their estranged spouse from having access to bank accounts and other sources of finances. This is strongly discouraged, regardless of how contentious your divorce has become. Any effort to hide money or drain checking or savings accounts will likely backfire when you appear before a judge. Your credibility with the judge will be jeopardized, and your settlement could be negatively impacted.

Making Unreasonable Demands

As tempting as it may be to make unjustified demands regarding spousal support, child support, custody, and marital property and make life difficult for your spouse, this will only prolong the divorce process and cost you more time and money.

If you are willing to compromise and negotiate with your spouse, you will more likely reach an agreement without resolving the matter in court.

Having Unrealistic Expectations

Often, people do not consider how much household expenses go up when two households must now be supported. The income that supported a single household must now support two households post-divorce.

You may have to make tough decisions, like selling the family home or adjusting your spending. Your divorce lawyer will advise you on how to prepare for financial aspects and protect your legal rights.

Continuing to Use Joint Accounts

This is another common mistake that couples make during a divorce. However, it is highly recommended that you close all joint accounts and open an account in your name.

Ensure you fill out the direct deposit forms to ensure your paycheck is deposited into your new account. Open up a credit card in your name as well. This will allow you to make credit card payments and establish your credit, which is essential if you plan to apply for a loan.

Allowing Your Spouse to Convince You Not to Hire an Attorney

Some couples either believe they can handle their divorce independently or that one divorce lawyer can represent both parties. If your spouse tries to convince you that you do not need your divorce lawyer, this is not the case.

Hiring your divorce lawyer to protect your interests and negotiate the best possible settlement outcome is best.

Failing to Update Your Will

You must make the necessary changes to your will or estate plan upon divorce. This will ensure that your wishes are carried out upon your death.

Mendham Divorce Lawyers at Lyons & Associates, P.C. Help Clients Navigate the Divorce Process

If you and your spouse are getting a divorce, you are urged to contact our Mendham divorce lawyers at Lyons & Associates, P.C. Our team can assist you with every step of the divorce process, help you avoid common mistakes, and negotiate the best possible settlement. To schedule a free consultation, call 908-575-9777 or contact us online. Located in Somerville, Morristown, and Freehold, New Jersey, we serve clients in Somerset, Woodbridge, Morristown, Parsippany, Rockaway, Short Hills, Chatham, Randolph, Madison, Morris Plains, and Monmouth County.