Common Divorce Mistakes and How to Avoid Them
Divorce is a word that no couple wants to hear. It’s challenging to go through and full of complex emotions that can lead to individuals making rash decisions driven by the “what” of the moment. Having a knowledgeable divorce attorney on your side can be the difference between navigating divorce successfully or having a devastating outcome.
If you are currently navigating a divorce case in Lewisville, Texas, Alison Grant Attorney at Law is your trusted resource to ensure that your case has your desired outcome. With years of experience and a wide range of cases with various challenges, our legal team has seen it all. Here is a list of the most common divorce mistakes we have seen individuals make during the divorce process and ways to avoid them.
The Most Common Mistakes Made During the Divorce Process
Here are the most common mistakes that our attorneys see divorcing couples make:
Not Sharing Everything With Your Attorney
When you speak with your divorce attorney, they need to know the entire story about your marriage. Many individuals are scared to share the darker parts of their marriage with a divorce attorney because of how it will make them look, or they fear that it will hurt their case. However, these secrets always come out eventually and you don’t want your attorney to find out these secrets from the opposing counsel. This can cause distrust between your legal counsel and yourself, will put you in a more vulnerable position, and will make it look like you were purposefully lying. No matter what it is, your divorce attorney is there to support you and will not judge you for whatever skeletons are in your closet.
Not Putting Everything in Writing In a Divorce Settlement Agreement
Every agreement that is reached within the divorce agreement needs to be committed to in writing and needs to have firm language. Otherwise, the lines will be blurred concerning boundaries and you may start to feel as if you are being taken advantage of. Having a divorce attorney on your side will ensure that all conversations and agreements that are reached during those conversations will be put into the agreement in clear language that leaves no wiggle room for boundaries to be overstepped.
If you and your ex-partner are deciding to go through a divorce settlement agreement, you will need to discuss and ensure that the following topics are fully outlined in the agreement:
- Property Settlement Agreements
- Spousal Support
- Conservatorships, Possession, and Child Support
Parents Fighting for Custody of Their Children Without Understanding What Custody Truly Means
Some spouses view child custody as a battle that is either “won” or “lost.” In reality, it is a lot more complicated than winning or losing. Children are not trophies and the true purpose of child custody is to ensure that the child is protected and placed in an environment in which they will have the best possible future. With parenting plans, judges are more concerned with knowing exactly how involved each parent will be in their child’s life. They are not concerned with the complex feelings that the parents have for each other, but instead about the well-being of the child.
Trying to Play the Innocent Spouse Card With the Internal Revenue Service
Both spouses will have to work with accountants and financial planners to minimize the amount of taxes due after the divorce proceedings are finalized. If there are problems with older tax returns that either went unfiled or were filed incorrectly, you can’t feign ignorance, even if you didn’t know what was going on at the time. Both parties are responsible for the taxes that were incurred during the marriage and will be liable for any taxes that are due after the audit.
Forgetting That All Written Communication Can Be Tracked and Used Against Either Spouse
When you are getting a divorce, all of your emails, text messages, and communication records will be tracked and used as evidence during the divorce proceedings. Many spouses forget this fact and allow tempers to flare or say things that they don’t mean when emotions are high. All of these things can significantly impact your case.
Another issue that often arises is lying. If one spouse claims that they were always where they were supposed to be during their marriage but their phone’s GPS and text messaging show that they were not at work and at another person’s house, this will look suspicious. Always be aware of how you are communicating and remember that lying for any reason will not be tolerated.
Continuing to Post On Social Media
Your friends and family are not the only individuals who can see your Facebook or social media pages. Countless cases have been put into jeopardy because a judge has found evidence of a spouse acting “inappropriately” with friends. This is often the case when one spouse is trying to show that they have cleaned up their act, such as stopping drinking, but their social media page shows that they were out partying the weekend before.
Beginning to Date Again Too Soon
Another common mistake that our attorneys have seen is that a spouse will begin to date again as soon as the divorce papers are served. Legally, until the divorce is finalized, you are still married to your spouse. During this stage, you will want to avoid becoming romantically involved with another person. Once the divorce is finalized, you may do whatever you please but during the process, this kind of behavior can anger your spouse and have a negative impact on your children.
How Do I Avoid These Mistakes During a Divorce?
There are a few things you can do to ensure that you are not making the above-mentioned mistakes during your divorce case. Here is what you can do:
- Remember to mind your own business and not your ex-spouse’s
- Remember that all communication will be monitored and used in court
- Remain calm and don’t allow your ex-spouse to rile you up
- Make sure you know and follow any temporary court orders
Ensure a Positive Outcome for Your Divorce
The best way to avoid these common mistakes is to ensure that you have an experienced divorce attorney on your side. The legal counselors at Alison Grant Attorney at Law have been serving the Lewisville, Texas area for years, providing reliable support for all family attorney disputes. Whether that is divorce, child custody, or premarital agreements, we have the experience necessary to ensure that your case gets the best possible outcome. Contact Alison Grant today for more information or to schedule a consultation to go over the facts of your case.
Divorce FAQs:
Each party is responsible for their own attorney’s fees and the individual who petitioned for divorce is also responsible for the filing fee. However, Texas is a community property state, so it may be argued in some cases that the attorney fees should be split equally between both parties.
For an uncontested divorce, Texas requires a 60-day period from when the petition was first filed. If the parties have come to a full agreement, their divorce could be settled in as little as two months. Most uncontested divorce cases can take anywhere from 90-120 days.
