Mistakes to Avoid When Getting a Divorce

• August 8, 2024
• CLLB Law
• Divorce

Featured Snippet: The most crucial mistakes to avoid when getting a divorce include parental alienation, hiding assets, and thinking divorce will be a big payday. Other essential pitfalls include retaliation, comparing your case to others, and humiliating your spouse when serving divorce papers. 

The actions you take during a divorce proceeding can significantly impact the final outcome. Divorce cases in Indiana (or anywhere else) can be challenging and emotionally draining, so it is normal to feel anxious, angry or overwhelmed. However, allowing these emotions to dictate your actions may lead to undesirable results.

One of the most helpful ways to prevent responding to situations emotionally is to avoid certain mistakes. Refraining from these pitfalls allows you to take unsentimental steps when seeking a divorce. It also prevents complications down the line and positively influences the outcome.

This article explores the most devastating mistakes to avoid when getting a divorce.

Let’s begin.

6 Major Pitfalls to Avoid When Seeking a Divorce

Here are six mistakes that could potentially impede your divorce process:

1. Using Your Child as a Pawn

“Parental alienation” is a common issue when parents go through a divorce. During this period, children are sometimes used as pawns in the disagreement between their parents and are directly or indirectly pressured to take sides.  Unfortunately, this situation doesn’t favor the child or the parents.

For instance, speaking ill of your spouse or ex-spouse in front of your child can hurt them emotionally, which will backfire on you. They may resent you, instead of the other parent, for engaging in these manipulative tactics. Moreover, limiting your child’s time with the other parent without a valid reason could result in the judge’s giving you less time with your child.

So, instead of using your child as a pawn during divorce, encourage a healthy relationship between your child and the other parent. In addition, create an effective co-parenting plan that highlights visitation schedules, custody arrangements, and other issues.  Shield your child from conflicts or disagreements between you and the co-parent. This will provide a stable, healthy environment that promotes your child’s well-being.

2. Hiding Your Assets

In some cases, spouses, especially those who own a business, may anticipate a divorce and try to protect their income and assets. They might hide them within the business or in bank accounts, hoping to keep more for themselves and less for their spouse.

However, these attempts are often futile. Judges are highly experienced in assessing the value of businesses and financial transactions. If you’re caught hiding assets, you could be held in contempt by the judge, ultimately harming your case.

So, be upfront and honest about all your assets, including bank accounts, investments, retirement accounts, etc. Gather documentation of all your assets, including tax returns, investment statements, and other materials, to provide clear evidence of your financial situation.

3. Thinking The Divorce Will Be a Big Pay Day

Expecting a divorce to result in financial gain can lead to disappointment. In most cases, many couples end up with less, not more, money after a divorce. It’s best not to think of a divorce as a ticket to a lifetime of luxury.

You may have read about multimillion-dollar divorce settlements among celebrities and the wealthy.  However, this rarely happens for most people. If you aren’t already wealthy, don’t expect a big payday after a divorce.

Instead, plan how to manage your finances post-divorce. You may need to create a budget, adjust your spending habits, and set realistic financial goals for the future. It’s also best to seek legal advice from a qualified divorce attorney who will help you understand your rights during the divorce process.

4. Doing Things Out of Spite

Resist the urge to retaliate by damaging, hiding, or selling your spouse’s belongings or sentimental items. Such actions may not only reflect poorly on your character but also undermine your credibility in the eyes of a judge and others. They can also affect your decision-making on very critical matters like child custody or spousal maintenance.

Adhere to all legal processes and court orders regarding property division. You may also hire experienced family law attorneys in Indiana to protect your interests and guide you on the right steps to take.

5. Comparing Your Case to Others

Avoid comparing the outcome of your divorce to the experience of others. Every divorce is unique and is influenced by various factors like state laws and financial circumstances. Other divorce situations may differ significantly from yours, especially if you reside in different states.

Rather than comparing your case to others, focus on understanding the unique circumstances surrounding your situation. It’s also advisable to consult knowledgeable divorce lawyers for personalized legal guidance.

6. Serving Your Spouse with Divorce Papers in Public and in a Humiliating Way

Embarrassing your spouse with divorce papers in public will further complicate the situation. Most divorce cases are resolved through negotiation and settlement discussions.

However, if your spouse feels humiliated and disrespected, they may become uncooperative, making the process more challenging. It may also prolong the case and lead to costly legal struggles.

Instead of serving your spouse divorce papers in a humiliating way, maintain open and respectful communication. Focus on reaching a fair resolution amicably without causing more pain. You may contact a family mediation attorney in Indiana to help you reach a mutually acceptable agreement.

Get in Touch with Competent Divorce Lawyers in Indiana

Emotions can run high following the breakdown of a marriage. However, it’s necessary to pause and consider your actions carefully. Making some mistakes based on your emotions comes with consequences that can significantly complicate your case.

At Church, Langdon, Lopp, Banet law firm, we understand that making the right decisions during this period can be tough, so we are here to guide you through the process. Our experienced divorce attorneys in Indiana will review your case empathetically and provide effective legal counsel. This way, you can avoid costly mistakes and facilitate your divorce process.

Contact us now at (812) 725-8226 to get started.