Divorce can be an overwhelming and upsetting process because it is something that people generally have much practice in doing. Most people going through a divorce are doing it for the first and only time. Therefore, it is quite common that mistakes or oversights can be made along the way as spouses battle their emotions.

Not Hiring an Attorney

One of the biggest mistakes that people make during their divorce is not hiring an attorney. This can often lead to big problems down the road, such as not receiving what they are entitled to, or making poor decisions that they later regret. The divorce process can sometimes be complicated and lengthy that is why it is imperative to have strong legal representation to protect you and your assets. A qualified divorce attorney will know how to navigate the divorce process, protect your rights, and help you get the best possible outcome.

Failing to Gather all the Necessary Documents

Before you can even begin to negotiate a divorce settlement, you need to make sure that you have all the necessary documents. This includes financial documents such as tax returns, bank statements, and investment account statements. If you don’t have these documents, it will be difficult to determine what property you and your spouse actually own, and how to divide it equitably.

Not Understanding the Difference Between Marital and Non-Marital Property

Another mistake often made during divorce proceedings is not understanding the difference between marital and non-marital property. Marital property is any property acquired during the marriage, regardless of who purchased it or whose name is on the title. Non-marital property, on the other hand, is property that was acquired before the marriage, inherited property, or property that was specifically designated as non-marital property in a prenuptial agreement. It’s important to understand the difference between these two types of property because in most states, only marital property is subject to division in a divorce.

Not Taking into Account the Tax Consequences of the Property Division

Another mistake people make during divorce proceedings is not taking into account the tax consequences of the property division. For example, if one spouse keeps the house in the divorce, they will be responsible for the interest and property taxes on the home. These expenses can add up, and if the spouse who keeps the house can’t afford them, they may have to sell the house.

Overlooking Pension Funds

Pension assets are often some of the biggest that a couple has, next to property. Even though they may seem personal or too complex to deal with, it’s important to consider your financial position later in life, after you’ve stopped working. When a couple separates, one person often has a much larger pension than the other. This needs to be addressed through pension sharing in divorce. Your solicitor can advise you on the best option for your circumstances. If one party has very valuable pension rights, it is especially important to make sure these are considered.

Relying on Advice from Informal Sources

It is important to remember that when you are going through a divorce, everyone has a story, whether it is themselves, a friend, or a family member. Just because somebody else has gone through a divorce does not mean that they have the same circumstances as you. Although it can be helpful to get advice from friends and family during tough times, try to get an professional opinion as well. The law changes often, so it’s important to make sure you’re getting advice that is up-to-date, rather than relying on advice that may be outdated or influenced by the person’s own personal experiences.

Forgetting the Legal Implications of Negative Digital Communication

Remember that all digital records such as your social media activity, texts and emails can be tracked to ensure they align with your statement. Ensure you handle your digital channels responsibly during this process, as any negative findings can be used against you in court.

Incorrectly Handling Custody Matters

It is always in the best interest of children to have both parents serve a meaningful and active role in their lives, unless there are extenuating circumstances. Some parents, either inadvertently or purposely, share details of their arguments or separation with their children, which can influence the children to take sides or react in certain ways. This is known as parental alienation and is considered a very serious matter. Behaving in such a manner to manipulate a child to want to limit contact with the other parent always has negative implications.

Lack of Financial Planning

When you are going through a divorce, it is vital to know what your financial obligations and requirements are. Having a clear understanding of your financial position at all times is sensible, but during divorce proceedings, this knowledge is key. It is wise to seek professional advice on your personal finances after divorcing in order to take stock and make a new start.

Being Unclear or Dishonest with your Attorney

If you withhold information from your divorce lawyer, they may find out from the opposing counsel and be caught of guard as to how to handle the situation further. Tell your lawyer everything so that they can fight for your rights effectively and protect your case from a potentially damaging situation.