Five Common Mistakes in a Divorce

Divorce is never easy. However, I have found five common mistakes clients tend to make that hurt their case.

1.  Unrealistic Expectations

Many clients expect to take everything from their spouse and be awarded sole custody with the other parent having no contact with their child[ren]. Without strong evidence to support this, this will not occur. Absent an agreement, the court will follow the guidelines listed in the Texas Family Code. The Code describes in detail the procedures for divorce, division of property, child support, and child custody. The court will make every effort to award what is a fair and equitable division. A client needs to remain focused on a resolution rather than a winner’s mentality.

2.  Allowing Emotions to Base your Decisions

“Divorce is emotional” is an understatement. Rather than letting that huge wave of emotion cloud the big picture, focus on closing this particular chapter in your life and beginning new. While it may seem like the light at the end of tunnel is dim, the divorce will end at some point with each party moving on with their lives. Do not let this be a time where you regret letting emotions control your decisions.

3.  Being Passive in Your Divorce

Divorce is overwhelming and easier to simply pass everything to your attorney to handle. Keep in mind that a divorce addresses critical issues such as your child[ren], your money, and your home. Who better to make these life-altering decisions than you? Rather than remain passive, ask questions and ask for periodic updates to stay informed.

4.  Withholding Information from Attorney

Withholding information from attorneys occurs quite often. Clients tend to do this out of embarrassment or believing that the information is not important. However, withholding this information may end up hurting your case or prevent you from being awarded certain rights. Therefore, it is always best to cooperate with your attorney and fully disclose all information. Never forget that your attorney is not simply there to guide you through the divorce process; the attorney is responsible for zealously representing your interests, which can only be done with full disclosure.

5.  Trusting your Soon-to-be-Ex Spouse

You have been married to this person for many years and have had some great times. Why not believe that your spouse still has your best interest in mind and would not hurt you? If this were true, there would be no divorce. In many cases, one spouse will dictate an amicable solution without the other spouse realizing they are being taken advantage of. Remember that you should never sign anything with your spouse until you consult with a divorce attorney. Do not fall for your spouse’s trap of saying that you all do not need an attorney. Protect yourself and all your assets and interest. In the end, this is all you will have; not your spouse.