Legal Mistakes to Avoid During Divorce

Legal scales and a gavel

There are a lot of areas to cover during the time of divorce all while trying to maintain a sane demeanor. One of the most difficult parts of doing so is keeping your emotions out of the picture. In order to get the best results with your divorce, avoid these common legal mistakes.

Rushing to an attorney

When you have decided your marriage is over, it's common to feel the pressure to find an attorney immediately. Since this person is going to represent your legal and financial interests, it's essential to look around and make sure you find the right person. Ask friends, ask family and do your research for the best attorney for your situation. Many lawyers have free or less expensive initial consultations, which gives you the chance to talk to two, three or however many people it takes before making a decision.

Quickly deciding mediation or litigation

Once again, it's important not to jump into making any big decisions because the consequences could truly affect the rest of your life. Evaluate your situation and the relationship with your spouse before opting out of going to court. After researching the differences between the available divorce options, you will have a much better understanding of the impact they could have on you.

Bringing in your emotions

It's expected to have a whirlwind of emotions during divorce, but it can be detrimental to your future if you allow these emotions to enter the legal world. No matter the anger, resentment or sadness you may have, it's critical to keep it out of your legal decisions. You should not be trying to get back at your spouse nor give up on the legal battle because of emotions. Regardless of how hard it is, you need to keep the emotions out of the courtroom and legal decision-making.

Understanding equitable distribution

It's a common misconception that equitable distribution means splitting finances down the middle, 50-percent each way. However, equitable distribution actually refers to the financial situation both spouses are in. If one of you did not have a job and does not have a good amount of work skills, equitable distribution would award the person more money during the divorce.

Battling child support with false time

In California, child support is partly based on the amount of time the child spends with each parent. This will sometimes make parents fight for more time just so they can spend less on support. Unless you are actually planning on spending the time with your child and believe it is what's best for the child, do not sink to this level. This happens too often where parents end up putting their kids onto other people since they don't have the time they promised in court.

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