Due to the deeply personal and challenging circumstances involved, family law cases are often emotionally charged, overwhelming, and intricate to resolve. Navigating a family law case frequently arises from a breakdown in a family relationship, such as a marriage or de facto relationship. The subsequent separation or divorce necessitates addressing various issues, like asset division and establishing future parenting arrangements.
The legal system offers individuals and families a versatile framework to facilitate self-made resolutions that suit their needs. Despite entering the resolution process with good intentions, individuals commonly make errors that can have diverse impacts. This article will discuss these common mistakes and guide how to avoid repeating them.
Leaving the Residence
Leaving the home and allowing your spouse exclusive possession during the divorce process often leads to higher alimony/spousal support and child support payments, as well as reduced contact with your children.
When one partner moves out, the mortgage and utility bills still need to be covered, which the Court usually considers when the spouse remaining in the home seeks financial assistance. Moving out could result in you bearing the costs of two households. Leaving without the children also sets a precedent that they primarily reside with the other parent.
Not Contacting a Seasoned Family Law Attorney
If you or your partner has initiated a separation or divorce, it’s crucial to take proactive steps and promptly contact a family law attorney for assistance. Handling a divorce involves completing intricate legal documents and following various filing procedures and deadlines, and any oversight or mishandling of these aspects can disrupt your legal proceedings.
If you opt for independent navigation, a reliable divorce attorney will be your supporter, confidant, and representative during the potentially lengthy and isolating process. Your attorney can leverage their legal expertise to evaluate the strength of your case and advocate on your behalf in court, potentially influencing the outcome positively.
In specific situations, such as when both parties agree the marriage is irreparable without shared children or property, you might qualify for a simplified divorce process that you could manage independently without legal aid. Please refer to our divorce practice section for further details on simplified divorce procedures.
Believing Your Social Media Posts, Texts, and Emails Don’t Matter
In family court, judges frequently review social media posts. Text messages and emails are commonly presented as well. Clients may impulsively post, email, or message the other party in a way that may harm their case in court.
Individuals in domestic relations disputes should anticipate that the judge will see their social media content, texts, and emails. Clients should talk to their attorney about any pertinent social media use, text exchanges, or emails, as these can serve as strong evidence.
Seeking Legal Guidance from Non-Professionals and Acquaintances
Every case is unique, influenced by its specific facts and circumstances, significantly impacting the outcome. Additionally, the resolution process can vary. Avoid comparing your situation to others and remember the uniqueness of your own circumstances.
Focusing Only on the Immediate Financial Future
Many individuals realize that their lifestyle or financial situation may change after divorce. This could involve matters such as spousal or child support payments. For stay-at-home parents, transitioning to employment or pursuing further education for career advancement may be necessary. Irrespective of your circumstances, have a clear plan for securing your future.
Your future self will have moved beyond the current emotional turmoil. Looking back, you may wish you had approached the situation more objectively and taken steps to safeguard your interests.
Heed the guidance provided, particularly by your legal and financial advisors, as they are dedicated to assisting you during this challenging period and ensuring your best interests are protected. If seeking financial support from your ex-spouse troubles you, remember that your attorney is there to facilitate an amicable resolution and help you reach a fair agreement as you progress.
Failing to Finalize Your Divorce Correctly the First Time
Divorce proceedings can be draining, leading many to seek a swift resolution. However, settling for unfavorable terms on time sharing, child support, or alimony with hopes of modifying them later is unwise.
While it’s feasible to alter court orders through a modification petition, this route often proves more intricate and costly than addressing issues promptly. Instead of revising agreements post-divorce, engaging a skilled attorney who will champion your cause and secure optimal results from the outset is crucial.
Endnote
Avoiding typical errors in family law cases can help you conserve time, money, and stress. Recognizing these common pitfalls can guide you through these difficult situations more efficiently, whether you’re facing divorce, child custody, or adoption.
