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2 Ways To Avoid Complicating Your Divorce

Law Articles

After your spouse tells you they want a divorce, you might team up with an excellent lawyer so that you can get what is rightfully yours in court. Unfortunately, mistakes on your end could make your case more difficult to prove, destroying your chances for a fair settlement. Here are two ways to avoid complicating your divorce case:

1: Don't Get Greedy

You spent twelve years supporting your husband and taking care of the household while he worked his way through med school, so why shouldn't you get a few more perks when it comes to your settlement? Unfortunately, getting greedy during the distribution of assets could make things much more difficult in the courtroom. Here are a few mistakes you might be tempted to make, and how they could hurt you in the end:  

  • Hide Assets: Your husband might have forgotten all about that stock you purchased in that up-and-coming technology company, so why mention it during your divorce? Unfortunately, hiding assets is unethical and illegal. If you are caught hiding assets or misrepresenting your income, you could be subject to criminal penalties or your case could be dismissed.
  • Ask For Irrelevant Items: Sometimes when people have hurt feelings during a divorce, they make the mistake of asking for irrelevant items that they know are important to the other party. For example, you might demand custody of that baseball card collection that your husband has pored over for years, or request that prized convertible. Unfortunately, getting nit-picky over possessions could make you look like you are out to hurt your ex-spouse, which might delegitimize your entire case.
  • Demand Unfair Custody: If you want to make your divorce complicated in an instant, demand unfair custody of your children. For example, even though your husband might be a good father and an excellent provider for your kids, you might demand 100% custody year round so that you can move out of the country with your kids. However, the goal of divorce court is to divide time equally between spouses, which could make the judge wonder about your intentions.

To avoid trouble in the courtroom, try to be generous with your ex-spouse. Be open and honest about your assets, time commitments, and plans. Although it might be painful to put it all out there one last time, being honest will help your lawyer to negotiate a fair settlement in a timely manner.

2: Stay Calm and Rational

Feelings can get hurt quickly during a divorce, but getting emotional might prompt you to make rash decisions that could hurt your case. Here are a few problems that you might cause if you let your feelings get the best of you:

  • Vent Your Feelings Over Social Media: Since your spouse checks social media by the minute, you might be tempted to let him know what you really think of that terrible tie he wore in court or his new girlfriend. Unfortunately, since social media is frequently used in the courtroom, those statements could be used to show your location, intent, or opinions about matters tied to your case.
  • Say Negative Things About Your Spouse: You might not be in love with your spouse anymore, but that doesn't mean you can say whatever you want about him. If you say negative things about your spouse, you could be subject to a defamation lawsuit later. For example, if your spouse is a prominent physician in the area and you talk about his late night partying and drinking, that information could damage his career—leading to a defamation case.

Although divorce can be a painful process, try to stay calm and rational. Talk with your divorce lawyer about what you should say and who you should say it to, and ask for advice if you are in the public eye. If you need to talk with someone about how you are feeling, consider meeting with a therapist instead of venting to your friends or family. In addition to protecting your privacy, they might be able to teach you coping mechanisms so that you can handle the stress.

Making the right decisions during your divorce might help your lawyer to speed things along and get you what you deserve.    

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18 June 2015