A divorce is a process fraught with emotion and stress. These can prove to be difficult obstacles in navigating the process to a satisfactory conclusion. A successful separation should allow one to not only secure financial stability but prepare you for a life post-separation.
Some common mistakes should be avoided during the divorce process. Let’s take a look at five of them.
1. Forgetting About the Children
The divorce process is already rife with complications. When children become involved, it begets another series of circumstances to consider. Don’t believe the myth that the children get to pick who they live with. When the needs and opinions of minors are relegated, they will inevitably suffer the consequences. To avoid this situation, you can contact a good guardianship attorney to address all those matters. You should take into account the point of view of children during the process, and do anything possible to ease them through it. If done correctly, every party can benefit in the long run.
2. Refusing to Compromise
There are no benefits to a long and drawn out separation. Breakups are especially hard for introverted men but when the parties involved are unwilling to negotiate, a divorce can quickly become adversarial. Couples become engaged in a battle of wills that only results in more conflict. There’s a reason it’s termed a divorce process; each member must process their emotions and thoughts to reach a middle ground. The belief that there is a winner or a loser in a divorce is a toxic one that should be avoided at all costs.
4. Divorcing Without a Lawyer
Navigating the waters of a divorce difficult can be challenging, but it does not have to be disastrous. An experienced family law attorney can helm the process of separation and ease the transition to life after divorce. A lawyer versed in matters of legal separation will have your best interests in mind. They can manage the process without letting emotions get in the way of an amicable resolution. For example, sometimes an annulment might be a better option for your particular case. Alternatively, even arbitration or mediation could provide benefits that a formal divorce trial will not.
A divorce is a far more complicated affair than merely filing a few papers. There are court rules, procedures, and deadlines that need to be met. Even the most simple seeming divorce can have unforeseen issues. One can quickly become overwhelmed with the amount of paperwork that needs to be filled out and procedures that must be strictly followed. A divorce lawyer will ensure that no deadline is missed and that all papers are filed correctly.
5. Forgetting About Taxes
When a divorce process begins, there’s a somewhat overlooked aspect of the process that can have grave consequences: every financial decision has a tax implication. While some couples may forget this fact, you can rest assured that the IRS will not. This is why one must take careful stock of things like the transference of money, property, and investments. What value do your stock portfolios hold? What are the capital gains taxes that have to be paid? Who will claim the children as dependents? These questions and more are things to consider when you have to do your taxes.
3. Not Knowing Your Rights & Responsibilities
There are a series of rights and responsibilities one may not be aware of during the separation process. A divorce lawyer can help instruct you on what they are and the consequences they may have. For example, until a divorce is decreed as finalized, a spouse may be financially responsible for child support, credit card debts and costs related to maintaining the family home.
While joint banking accounts can be frozen until the divorce proceedings are over, joint credit accounts remain the responsibility of both spouses. When it comes to debt, you or your spouse might end up being responsible for individual debts the other may have incurred – even without your knowledge.
While the separation process is ongoing, both spouses still have a responsibility to maintain the family home. This is especially true if there’s a mortgage and both names are on it. Each spouse holds an equal obligation to pay the mortgage until a settlement has been reached over ownership of the house. Even if one or the other spouse does not live in the home, the failure to make payments will result in credit history black marks.
If one spouse was the primary breadwinner, the other might have the right to temporary financial support. As well, a spouse cannot sell property while the divorce is in process. This right ensures that assets are kept intact until the divorce can be finalized.
Unfortunately, many couples tend to make mistakes that can cost them dearly in the short and long term. To avoid loving a person you may regret about, you could just check some information and uncover hidden information about anyone. Checking just court records as well as marriage and divorce records will be quite enough to make a decision on your partner. Checking these details can hinder not only the family life but also the separation process and make your post-divorce life much more difficult.
Remember that every separation process is unique – it carries specific challenges and obstacles. In the end, one should strive to achieve the best for all parties involved.
About the author:
Mike J. is a blogger and a divorce enthusiast at the www.awebtoknow.com