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Common Divorce Mistakes You Should Avoid

Whether you are thinking of getting a divorce or are already in the midst of one, it is important to be aware of certain common mistakes that could easily derail your chances of obtaining a favorable settlement in your divorce, so you can avoid falling into any of these terrible pitfalls. Given how much is at stake during this delicate time, you should not do anything hastily or without skilled legal counsel. Reach out to an experienced family law attorney to ensure your interests are protected during the divorce process.

We have compiled a list of the most common divorce mistakes below, which you should avoid:

  • Mistake – leaving wills and trusts untouched: Failing to change your wills or trusts after a divorce is one of the most common mistakes people make. Remember, getting a divorce does not mean your spouse will automatically lose any rights you have set aside for him or her in your will. If you forget to change it and pass away, your ex-spouse would be entitled to receiving a portion of your estate that you would have wanted to go to your family or a new spouse.
  • Mistake – insisting on fighting: Divorce is commonly portrayed as a battle between spouses on television and in movies. However, through a collaborative approach or mediation, you and your spouse can forego the bloodbath and avoid an ugly fight while obtaining a mutually favorable solution. Instead of playing into the cliché and getting your hands dirty, talk to an attorney about other possible alternatives to dissolving your marriage.
  • Mistake – involving the children: If you and your soon-to-be former spouse share children, it would be best for everyone if they were kept out of the divorce as much as possible. No matter how angry you are with your spouse, trying to turn your children against him or her or using them as leverage will only cause them harm. The court might even think you are trying to create parental alienation, for which you can potentially be severely penalized.
  • Mistake – waiting for the holidays to end: Oftentimes, married couples wait for the holidays or a special occasion to pass before they begin the process of divorce out of fear of spoiling the event. Unfortunately, this never does anyone any good and, instead, only keeps spouses in an unhappy marriage. Do not let the calendar rule over when you choose to file for a divorce.
  • Mistake – forgetting property taxes: Chances are the court will want to temporarily award the family home to the spouse who obtains primary child custody in order to maintain stability in the child’s life. While this might seem like a victory, it could spell out major financial troubles when you factor in property taxes, mortgages, and the cost of maintaining a home. If you think you are going to win the family home and know you cannot afford it, start thinking of some alternatives, such as selling it for profit and keeping the majority.
  • Mistake – settling too fast: Everyone wants their divorce to be over sooner rather than later, but sometimes speeding your way through a settlement can end up with you getting the short end of the stick. You can get through your divorce efficiently without making costly mistakes, but it will require skilled legal help and some focus.

Family Law Attorney in Newton

If you and your spouse can no longer make your marriage work and you are beginning to consider the possibility of getting a divorce, you need a knowledgeable legal advocate on your side to help guide you through the process. At The Halks Firm in Newton, our team of family law attorneys is backed by years of experience, aggressive trial experience, and a wealth of knowledge we will use to your advantage.

Get started on your divorce case today and reach out to our law firm at (781) 995-0107 to request your free initial case evaluation with one of our attorneys.