Avoid Common Mistakes Men Make In Divorce
Divorce can be a strange and confusing time for Texas men. It is critical to avoid the common mistakes men make in divorce. Every action (or inaction) may be scrutinized or used against a spouse during a divorce proceeding. It is vital that divorce litigants remain on their best behavior and not engage in behavior detrimental to their case. The experienced legal team at the Ramos Law Group, PLLC has the following tips for men going through (or contemplating going through) a divorce.
- Dating While a Divorce is Pending
While Texas is a no-fault state, adultery is a ground for divorce and dating before a divorce is finalized is legally considered adultery. Don’t give your wife additional legal ammo; avoid dating until you have a final divorce decree signed by the Judge in your assigned court.
- Hiding Income or Shady Financial Practices
Texas is a community property state, which means spouses are equally entitled to the assets and income acquired during the marriage. Child support and the division of the community estate will be calculated based upon these assets and income. If a court finds that a party has intentionally hid assets (for example, buying a piece of property in a friend or relative’s name or failed to disclose an existing financial asset such as an IRA or savings account)
- Wasting Marital Assets
Wasting of assets can mean several things in a divorce situation. Neither party in a Texas divorce should be acquiring new assets while the divorce is pending. So, purchasing a new house, vehicle, or even guns/jewelry could be considered a mismanagement of community funds. There are other circumstances, such as gambling or providing a girlfriend with expensive gifts that would also be considered a waste of community assets. Your spouse would be reimbursed or otherwise made whole for the funds wasted, avoid this at all costs.
- Being Unwilling to Compromise
Very few divorce litigants (male or female) “win” everything they desire in a divorce process. Settling at mediation requires a compromise and a Texas judge will render a judgment that is “just and right,” which rarely if ever leaves a party out in the cold. Prolonged and costly can often be mitigated by having realistic expectations. When the focus in divorce litigation is on “winning” or harming the other party, no one walks away a winner.
- Not Following Legal Instructions
From initial filing of the divorce petition to effectuating transfer of property after the divorce is finalized, it is vitally important that a party going through a divorce follow all procedural steps, deadlines, and instructions given by their legal team. Even if you are a successful business owner or professional, its important to listen to the guidance provided by your legal team. Missing a deadline can be catastrophic to your case. Failure to comply with a court-ordered duty (such as attending mediation or paying child support) will hurt your legal standing. While the legal process may seem overly complicated or superfluous to some, it’s imperative you follow the instructions or deadlines as laid out by the court or your legal time.
It may seem that the legal process during a divorce is needlessly restrictive – can’t spend too much money, can’t find a new partner, have to follow rules set by a court that does not really know your facts or circumstances. To be blunt – it stinks going through a divorce. But following the above guidelines in our “Top 5 Mistakes Men Make In Divorce” you will keep your legal stance beyond reproach and help your case in the long run. If you have any questions about any of the above or questions about the Texas divorce process in general, please contact the experienced legal team at The Ramos Law Group, PLLC.
Want The Edge In A Primary Custody Battle? Check out our blog article: Texas Father’s Guide to Winning Primary Custody
Last Updated on February 9, 2021 by Ramos Law Group, PLLC