Divorce can be stressful, costly, and emotionally exhausting. While there are certain measures you should take to help ensure your divorce goes smoothly, there are also a number of pitfalls you should avoid. Making certain mistakes during divorce proceedings can not only make the process more difficult — it can also impact the outcome of your case.
Here are ten common mistakes to avoid in divorce:
1. Not Having an Experienced Attorney
One of the most common mistakes to avoid in divorce is trying to handle your case on your own. Having reliable counsel on your side is the best way to ensure you are aware of your rights and your interests are protected. The right attorney can also reduce the stress of the divorce process, help you explore alternatives to litigation, and increase the chance that you will secure the best possible outcome in your case.
2. Overlooking Mediation
Not every divorce has to be resolved through litigation. No matter how contentious your case is, alternatives should not be overlooked. Mediation is a form of alternative dispute resolution that can help you settle your divorce case amicably, efficiently, and cost-effectively. It can also help to preserve your co-parenting relationship and teach you valuable communication tools that you can use moving forward.
3. Not Understanding Your Finances
It’s crucial to have a solid understanding of your financial situation when you are going through divorce. You should know what assets you possess and the debts you’ve incurred so that you can make informed decisions during the process and be in a better position to negotiate. In addition, you should also review any prenuptial or postnuptial agreement you and your spouse entered into.
4. Posting on Social Media
Another common mistake in divorce is posting about the matter on social media. It’s best to stay off social media platforms when you are going through a divorce — you might even consider deactivating your account. Anything you post can be misconstrued and used against you by the other side. For instance, if your spouse or their attorney finds multiple photos of you drinking in bars, they might try to argue that you are an unfit parent and should not have custody of the children. Your spouse’s attorney might also try to use photos of you on vacation or displaying lavish purchases to show that you have not disclosed assets.
5. Disobeying Court Orders
Court orders are taken very seriously — and disobeying a judge can have serious consequences. A party who does not comply with a court order can be held in contempt of court or issued a fine. A judge might also modify the original court order to ensure compliance in the future.
6. Lying During the Proceedings
Most people are aware that they should not lie in court to avoid perjury charges. However, it’s vital to understand that lying during any part of the proceedings can have serious ramifications. The penalties can be just as serious if you are not truthful on a sworn affidavit, during the discovery process, or at a deposition.
7. Concealing Assets
Financial disclosure is paramount in any divorce case. Both spouses are required to disclose their assets to ensure property is divided fairly. Attempting to hide or conceal assets is not only unethical and can impact your divorce decree, but it is also illegal and can result in contempt of court.
8. Speaking Badly About Your Ex in Front of the Children
One of the biggest mistakes to avoid in divorce is badmouthing your ex in front of your children. This is not only harmful to your custody case, but also to your children. At all times, be sure to put the best interests of your children first and foremost.
9. Agreeing to an Unfair Settlement
In many cases, a spouse with more power might try to convince the other to accept an unfair settlement. A common mistake in divorce is settling a case too quickly without the advice of an attorney. If your spouse presents you with a settlement agreement, you should thoroughly review the terms with counsel to ensure they are fair and just.
10. Not Being Willing to Compromise
Neither party will get everything they want in divorce — a divorce settlement comes down to compromise. One of the common mistakes in divorce that people make is being unwilling to find the middle ground with their spouse. Importantly, when spouses reach a settlement out of court, they can resolve the case faster and remain in control of the outcome. Refusing to compromise can ultimately make the divorce process drag on longer and mean a judge will have to determine the issues that cannot be decided.
Contact an Experienced Oklahoma Divorce Attorney
The divorce process in Oklahoma can be complex and emotionally draining. It’s essential to have a skillful divorce attorney who can guide you every step of the way. With offices in Tulsa and Claremore, Titus Hillis Reynolds Love offers dedicated advocacy and compassionate counsel to clients throughout Oklahoma for a wide variety of matrimonial matters. Contact us online or call (918) 216-0892 to schedule a consultation to learn how we can help.
