July 25, 2014 By Paul Wallin
Avoid making these mistakes during divorce

While your divorce is undoubtedly going to be one of the most difficult processes you ever go through in your life, you can still manage the trauma by avoiding certain mistakes. Often times, couples who choose to get a divorce go into the situation with false hope, which can lead to major disappointments.

Ultimately, your attorney’s job should be to handle all of the complicated aspects of your case, and allow you to focus on your life as much as possible. Having a knowledgeable attorney by your side will not only allow you to avoid certain mistakes that many divorcing couples make, but devote more time to your loved ones. Nonetheless, here are a few mistakes that you can prepare yourself for in advance if you are planning a divorce…

  1. Do not have unreasonably high hopes about your finances.

In a community property state such as California, you can fully expect that the majority of your marital assets are going to be divided evenly. This includes your incomes. If you go into your divorce knowing that this is the case, you will be more prepared and you can plan accordingly. Expect that your sole income is going to go quite a bit further than it used to.1

  1. Do not refuse to communicate with your spouse.

With divorce, more likely than not, comes anger and animosity. Whatever negativity you harbor towards your soon-to-be ex should be kept under control for the divorce proceedings.

By allowing yourself to communicate with the other party, you can come to resolutions about your finances, child custody, and alimony, in a much more efficient and civil manner. This will certainly save you some time and money in extra attorney’s fees. If you are able to compromise with your spouse on your own, then your attorney will have to spend less time and effort on working around this communication gap and can focus on getting you the best possible results in your case.

  1. Understand equitable distribution.

Equitable distribution does not simply mean that you and your spouse will split all of the assets right down the middle. Understand that when you are beginning the divorce process, a judge is not going to simply grant a 50/50 split. Equitable distribution means that the financial situations of both spouses are heavily weighed, both before and after the divorce, before the assets are “equally” divided.

  1. Don’t approach your divorce with conflict.

The less you fight, the more money and time you will save. If you can begin the divorce process with an open mind and an ability to compromise with your ex, you will save yourself the headache and hassle of constantly fighting over every asset.

  1. Don’t forget the tax implications of your divorce.

This falls right under the umbrella of having false hopes or expectations. Remember that all of the financial decisions you make as part of your divorce will be affected by taxes. This includes claiming children as dependents, splitting stock portfolios and income, etc.

  1. Not protecting yourself by removing your spouse’s name from joint accounts.

Unweaving the web of your finances between you and your spouse is one of the trickiest aspects of divorce. This is why having a skilled attorney guide you through the process is critical.

For example, your divorce settlement may stipulate that your ex is supposed to continue making payments on your home. However, if your ex fails to do so and your name is still on the home, you cannot be legally protected. Make sure to remove yourself of these responsibilities by removing your name from your spouse’s accounts and vice versa.

  1. You disparage the other parent in court.

If you have children who you are trying to gain custody over, disparaging the other parent in court is not the wisest decision. This will show the judge that your children will be involved in an environment that is unfriendly toward the other parent and that living with you is not in the child’s best interest. Make sure you are very supportive and understanding of the relationship your children have with the other parent.2

  1. Recognize that social media is never private.

Social media can be used against you in family court. If you are fighting for child custody in particular, understand that any status updates or photos that you share with your friends or followers will eventually be shared in court as well.

Even if your 16-year-old son posts a picture of himself drinking at a party on his own page during the proceedings, this can negatively alter the outcome of your case. This can be evidence to a judge that you are an unfit parent. Make sure that you and the rest of your family understand that your activity on social media can drastically change the course of your legal battle.3

  1. Do your research when looking for an attorney.

Choosing your attorney is not just the first step in the divorce process. It is the step that will affect your case and the rest of your life after the divorce. Make sure you have researched all of your attorney’s credentials, from his or her educational background and experience, to testimonials from past clients and his or her success rate.

Call the Divorce Lawyers at Wallin & Klarich Today

Your divorce is undoubtedly going to impact you and your family for the rest of your lives. Avoiding common mistakes will ease the entire process and maybe save you money along the way. Ultimately though, having an experienced and knowledgeable attorney by your side throughout the divorce proceedings is going to make all the difference. The attorneys at Wallin and Klarich have been successfully handling all types of divorces for over 30 years.

With offices located in Orange County, San Bernardino, Los Angeles, Torrance, Riverside, West Covina, Victorville, Ventura, San Diego and Sherman Oaks, one of our attorneys is available to help you no matter where you work or live.

Call us today at (888) 749-7428 for a free phone consultation. We will get through this together.

1. http://divorcesupport.about.com/od/thedivorceprocess/qt/divorcemistakes.htm

2. http://www.huffingtonpost.com/jacqueline-harounian/how-mothers-lose-custody_b_1140298.html

3. http://www.huffingtonpost.com/2014/03/18/divorce-social-media_n_4915118.html

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