To avoid the top five mistakes in a divorce you must take a step back, remove the emotions and treat the process similar to a business transaction. Use these tips to help you expedite the process and avoiding the additional cost of an extended litigation.
- Having Unrealistic Expectations
- Withholding Information from Your Attorney
- Being a Passive Participant in Your Own Divorce
- Allowing Emotions to Dictate
- Believing Your Soon-to-be-Ex is Your Friend
The Texas Family Code will dictate many aspects of your divorce, including child support, custody and division of property. You will probably be awarded what is considered a fair and equitable division of the marital estate and you will probably be awarded or ordered to pay guideline child support. Expecting to take your spouse to the cleaners or having sole custody of the children, absent strong circumstances to support otherwise, is not likely to happen and you should focus on a reasonable resolution rather than “winning” your divorce.
Your attorney is there to guide you through the divorce process as well as zealously represent your interests. But your attorney must have your cooperation and full disclosure; withholding information will only hurt your case in the long run. You may think that something is trivial or embarrassing but it may be vital information to your case and you need to disclose it to your attorney.
A divorce is likely addressing vital issues such as your children, your money, and your home. It can be an overwhelming process and you may prefer to let your attorney handle everything and distance yourself from the logistics. It’s important however, that you remain apprised of the status of your divorce. Ask questions if you are confused and make sure you understanding everything you are signing, whether it’s a mediated settlement or your final decree of divorce.
Divorce is an emotionally trying time. You are probably going through a rollercoaster of emotion, which is understandable for someone in your position. But don’t let your emotions get in the way of the big picture. You’re ending a relationship you were likely hugely invested in, but you need to set the hurt and pain aside and focus on closing this chapter in your life. The divorce will be over at some point and you will move on with your life, don’t let feelings of anger or hurt cloud your judgment will be forced to pick up the emotional pieces
Divorce, by nature, is an adversarial process. There are many divorces where the spouses can come to an amicable solution but there are also many divorces where one spouse will take advantage of the other. Don’t sign anything your spouse wants you to sign without consulting with a competent divorce attorney or let your spouse convince you that you don’t need an attorney. The most important party in your divorce is you; your focus should be on protecting your assets and interests, not remaining friends with your soon to be ex.