Written by Michael Fayard
Only on rare occasions are divorces easy. Most cases are difficult, emotions run high, and more times than not, it is difficult for the parties to see the best decision for their situation. . When you and your spouse no longer see eye to eye and are having trouble working out the terms of your divorce settlement, it can be challenging to get through the process without contention. Logical and rational decisions can be clouded by feelings of hurt, betrayal, and general anger. However, if you can avoid some of the most common mistakes associated with divorce, you can resolve the matter as soon as possible to move forward with your life. Here is more about some of the top divorce mistakes you can make and the steps to prevent yourself from making them.
Making mistakes during your divorce can be incredibly disruptive. Not only will it take longer for your settlement to be resolved, but making the wrong choices could make an otherwise amicable divorce significantly contentious. The more contentious, the more costly your divorce can become.
With that in mind, avoiding the following mistakes is crucial:
One of the biggest mistakes you can make when you get a divorce is talking about the divorce online or on social media. You may be hoping to vent your frustrations on the Internet, but when you post things about your divorce, it can immediately make the entire process significantly more contentious. Not only can it increase embarrassment, which also increases the negative emotion, but you can hurt your litigation position by your posts or messages being taken out of context.
Although you do not need to keep your divorce a secret, posting about it online could cost you in the long run. You could be accused of hiding assets, slander, defamation, increasing tensions in divorce settlement negotiations, or even creating a wedge between your spouse and children depending on the messages.
For this reason, it is in your best interest to avoid posting anything before or during your divorce settlement process. This way, you do not have to worry about anything you post online returning to haunt you before your divorce is finalized.
Never attempt to hide assets when you are going through a divorce. Florida operates under equitable distribution laws. Instead of dividing marital property and assets equally, division occurs equitably. This means both parties should receive their fair share of marital property, debts, and assets. Any spouse attempting to hide assets may find themselves on the losing end of the divorce settlement. In addition to unequal distribution, the offending spouse may be sanctioned (including jail time for contempt, attorney’s fees and costs payable to the opposing party).
It makes sense to feel emotional when your marriage ends. However, strong emotions during a divorce could lead to regrets regarding the legal decisions you made in your divorce.
Instead of fighting for things you don’t want as you work to negotiate the division of your marital assets and debts, focus on what you care about most and what you hope for in the future. Although it is natural to feel devastated at the thought of your marriage ending, you must remain rational to control these decisions when you are going through the divorce settlement process.
Do not make the mistake of failing to create a budget or financial plan. Your financial situation will change considerably when your marriage ends. You may need to be prepared to find new housing, craft your budget to include alimony and child support, and potentially begin searching for work if you have been out of the workforce for the duration of your marriage.
A common thought of people served a divorce is cutting off the filing spouse immediately. This includes cancelling insurance (health and car), turning off cell phones, closing bank accounts, moving money to individual accounts. Most circuits have a standing family law order that details what actions you can take and what actions you must not take. It is important that you do not run afoul of the standing order. Violations can turn into contempt motions and sanctions, which are both costly and counterproductive.
If you hope to avoid making the mistakes mentioned in your Florida divorce, the best way is to get an experienced and knowledgeable divorce attorney working for you. You may initially feel overwhelmed, distraught, and unsure of your rights. An experienced divorce attorney can guide you through the process and ensure that you follow the rules and that your rights are protected.
Before you make a decision you might regret, or have the choice taken out of your hands and made by a judge, take the time to get a legal advocate who will prioritize your needs and protect you from being taken advantage of.
You can move forward with your divorce without hiring an attorney. However, if you hope to protect your asset and property rights, other financial rights (including alimony and support), and work out child custody knowing your rights were protected, then , having an experienced family law attorney working for you may be well advised.
It would be best if you had a divorce attorney on your side who understands how Florida’s divorce laws work, can protect you from excessive alimony orders, and will work tirelessly to help you protect your future. 941 Law Help can guide you through the Sarasota divorce process, get your divorce finalized promptly, and avoid some of the more difficult mistakes other divorcees make.
Obtaining a divorce can be challenging for all involved parties. However, if you can avoid some of these common mistakes, you might be able to resolve your divorce settlement sooner. This way, you can begin rebuilding your life without the hassles of a long, drawn-out divorce process.
Attorney Michael Fayard has extensive experience helping divorcees protect their rights and resolve divorces as peacefully as possible. Contact 941 Law Help for a confidential consultation today and learn more about your next steps. You can reach us through our secure contact form or by phone at 941-265-2733 to get started today.