Divorce is never easy, even if you have a fairly amicable situation and a good relationship with your ex-partner. During the divorce, it is easy to make mistakes that can haunt you for the rest of your life. As soon as possible, find a divorce lawyer like our team at Morgenstern & Associates. We’ll help you avoid the most common divorce mistakes so you can get the best possible outcome.
Child Custody Mistakes During a Divorce
The child custody part of a divorce is usually the most emotional. It’s also when people make major mistakes that have major consequences. You and your ex-partner will be scrutinized during this process.
Most importantly, when you are emotional and going through your divorce, don’t say or do anything that you wouldn’t want a judge to know about. This includes:
- Speaking poorly about your ex to your children or members of your community
- Excess drinking, or any kind of illegal drug use
- Threatening your ex in any way
- Leaving angry voicemails or sending angry texts/emails
- Venting about your situation on social media, even if you think it is private
If you are feeling emotional about your divorce (like most people), a licensed therapist is a great option. Therapy sessions allow you to vent your frustrations in a productive way. What you say in therapy is also privileged, with rare exceptions. So, this can be a safe space for you to talk without jeopardizing your custody case.
Unfortunately, texts, emails, voicemails, and instances of anger can all be used against you to prove you are not fit to parent a child. Often, statements can be misconstrued or shown out of context.
Find a Divorce Lawyer Sooner Rather than Later
Another major mistake people make is not seeking the advice of a qualified family attorney. Even if you have an amicable divorce, it’s always a good idea to have a lawyer on your side. We serve the entire Greensboro area and deal in all areas of family law, including not only child custody, but also alimony, separation agreements, property division, and more. Moreover, US World Reports ranks us as a Tier 1 law firm in a metropolitan area.
Having a lawyer on your side is important for a few reasons:
- Legal experience – We know how to navigate the court system so you file the right paperwork to keep the process moving forward. Often, people make paperwork or process mistakes that can slow things down.
- Unbiased guidance – We care about all our clients, but we don’t give advice like a friend would. Instead, we give legal advice to help you get the best possible outcome. We’ll always be upfront with you about what is possible and what kinds of outcomes are likely based on your specific situation.
- Time – Depending on your divorce, you may have a lot of moving pieces. We’ll handle that work for you so you can focus on the rest of your life. We work with forensic accountants, investigators, and other experts as needed, on top of preparing any court documents and arguments. Our goal is always to help you achieve your goals in regards to property, custody/visitation, financial support, and all other aspects of your divorce.
Remember, you will need an attorney to draw up any agreements, which are legal binding contracts. A divorce attorney cannot work for both parties. Don’t leave yourself unrepresented. Even if your divorce is amicable, you could still end up getting treated unfairly. Always find a divorce lawyer you can trust to represent you.
Avoid These Financial Mistakes During a Divorce
A divorce can seem daunting if you aren’t the spouse who typically took care of finances in your relationship. This article has some tips for getting back on your feet financially. However, during the divorce itself, you’ll need to treat your finances very carefully. Here’s a list of things you shouldn’t do:
- Attempt to hide any money or sources of income from your spouse
- Take large sums of money out of a joint bank account without their knowledge and a written agreement
- Fight over cheap property that doesn’t mean anything to either of you, just because you are caught up in the argument
- Agree to the first division of property agreement your ex-partner proposes, especially without a family attorney looking at it first
- Taking your spouse off your health insurance
- Not double-checking any numbers you report, such as only roughly estimating your income
- Giving money to your spouse in a way that is not recorded, such as handing them cash
Additional Tactics to Consider
In regards to the joint bank account, it is important to note that a spouse is entitled to half of the funds in the joint bank account. Generally, we advise our clients to take at least their half and deposit it into a separate account. Keep in mind, you will have to account for it in the property settlement. If all the other accounts are in the sole name of the other spouse, there may be a situation where we advise to take most or all the funds in the joint account to ensure our client has money on which to live and to pay the cost of the litigation or settlement. Again, one must account for this withdrawal.
We also get questions about removing spouses from insurance. Taking the other party’s name off of life insurance and IRA accounts after separation is not unusual. However, you should not remove a spouse from health insurance until the divorce is complete.
Additionally, we recommend speaking to an accountant about your divorce. This allows you to understand the tax implications of any settlements or support. Additionally, they can give you advice on setting up a budget for your new life after your divorce is finalized.
FAQs about Hiring a Divorce Attorney
We’d love to have you come in for a consultation to speak about your specific situation. Here are a few overall questions we get about divorces:
How much will it cost to hire a lawyer?
It depends on your specific case. If your divorce has several court dates or involves hiring experts, it will cost more. That said, we recognize that our clients are often on a budget, so our goal is to keep costs as low as possible.
Can you guarantee a certain outcome?
We can’t guarantee anything like a set amount of child support or alimony. However, we can give you our expert opinion on what is likely based on your case. We have over 40 years of combined experience, so we make very educated guesses and estimations.
How can I learn more?
Click here to contact us for a consultation. Every single case is different, so we’d love to speak with you one-on-one about your specific situation.