The 4 Biggest Legal Mistakes Made During Divorce

Although divorce is often an emotionally difficult process, divorce law is designed to keep the legal side as painless as possible. That's not to say it'll be easy, but most divorces do not need to become legally complex matters. Not making mistakes is critical, however, and here are four potential mistakes you'll probably want to avoid.

Failing to Retain Counsel

Even in a completely friendly divorce, it's wise to hire an attorney. Many divorces include elements like alimony, child custody and support, visitation rights, and the division of assets and liabilities. Each of these details will end up in the paperwork you'll sign at the end of the process, and it's important to have a zealous advocate read through everything to protect your rights.

Do not assume that the other partner retaining a lawyer's help is good enough. That lawyer has to be exclusively their advocate. You need someone to serve the same role on your behalf.

Hiding Assets

It is plain and simple fraud to hide assets. No attorney worth their license will encourage you to do it. The system isn't designed to leave one side destitute, despite popular myths to the contrary. Fully disclosing your assets is an important part of the process, and the court will give you a fair shake.

Assets include all kinds of accounts and possessions. This means disclosing banking and investment accounts. You'll also have to disclose stakes in businesses, properties, vehicles, and other items of value.

The court will make an effort to divide the assets from the marriage equitably. Also, your ex won't have a claim to anything you controlled coming into the marriage unless you signed a premarital agreement to the contrary.

Not Prioritizing Assets

Horse-trading is allowed under divorce law. If you want the dog and your ex wants their mother's wedding ring back, why not prioritize what you want? Make a list of what you love, hate, and could go either way on. Use the stuff in the other two categories to try to get the items in the "love" column.

Trying to Assign Blame

While some states do allow fault-based divorces, the reality is that no-fault has become the default version of divorce law. This means there's likely to be no upside in telling the court what you think the other person did wrong.

Yes, this includes fairly extreme failures, such as physical or verbal abuse. If there are ongoing concerns about such abuse, those are matters for criminal and family court. They'll be dealt with on a different day.

For even more tips, reach out to a company like Cooper Levenson Attorneys At Law.