Common Mistakes Made During a Divorce
Getting divorced can be painful and difficult. You and your spouse must decide on complex matters like property division, parenting time, legal decision-making, and child support for any children. It may be helpful to consult a divorce attorney to navigate these challenges. It’s easy to make mistakes that could prevent you from achieving the best possible outcome.
With more than 20 years of legal experience, the Arizona divorce lawyers at Brown & Hobkirk, PLLC want to help you avoid complications that can cause more headaches and heartache. Below are the Top 10 mistakes to avoid during the divorce process.
1. Not Hiring a Skilled Divorce Attorney
Hiring a lawyer for a divorce in Arizona is not required but make no mistake — it will benefit you in the long run. Divorce cases involve a lot of paperwork, financial and personal decision-making, and mediation sessions to attend with your spouse and their lawyer. You may also need to attend courtroom hearings. An experienced divorce attorney can handle all the details so you can focus on what comes next in your life.
2. Making Side Agreements with Your Spouse Without Legal Advice
You and your spouse may want an uncontested divorce, but making side deals without consulting a lawyer could be a recipe for disaster. First, you don’t know that your agreement complies with Arizona law, which is important because a judge must approve every divorce petition. If you make a deal and the judge rejects it, you may have to start the divorce proceedings over. Additionally, not consulting your lawyer could mean you accept a poor deal that doesn’t account for your or your children’s needs. If your spouse wants to make a deal, run it by an Arizona family law attorney first.
3. Not Understanding How Assets and Debts Affect Divorce
Arizona is a community property state, which means all property acquired during the marriage must be split evenly (with a few exceptions). The same principle applies to debts. You must account for all your marital assets and debts when determining how property should be divided. Otherwise, you might be in a difficult financial position once your divorce ends. Working with an experienced family law attorney can help protect your interests throughout the legal process.
4. Not Putting Family First
If you have children with your spouse, it’s vital to consider their needs during a divorce. Not doing so can lead to a negative outcome. Arizona law doesn’t use the word “child custody” to describe making arrangements for childcare. Instead, it refers to parenting time and legal decision-making. Putting up a fight goes against the court’s wishes to act in the best interest of the children.
5. Failing to Consider Tax Consequences of Divorce
A divorce can have significant tax consequences, particularly for assets like income-producing property, businesses, retirement assets, and lump sum payments. Your attorney can address the potential tax consequences of your divorce settlement before finalizing it.
6. Not Learning About Collaborative Divorce or Mediation
You want to keep your divorce out of the courtroom if possible. Consider whether you can cooperate with your spouse to come to a mutual understanding. In a collaborative divorce, couples work with a team of professionals to reach an acceptable divorce settlement agreement. In addition to your divorce attorneys, divorcing spouses could invite mental health professionals, financial experts, and other professionals to offer input.
Another way to avoid court is to work with a mediator experienced in family law matters. Mediation is usually less expensive, faster, and less heated, and the mediator can help you and your spouse compromise on key issues.
7. Being Stubborn
Nobody going through a divorce gets everything they want. There’s a difference between being firm and being stubborn. A little flexibility can help you and your spouse find common ground. If you’re willing to give in some areas, your spouse might compromise on some of the issues that matter most to you. That way, you can avoid a contested divorce and simplify the legal process.
8. Letting Emotions Get the Best of You
Getting divorced stirs up strong emotions. Do your best to keep those feelings in check. This is especially true during mediation or other meetings with your spouse and their attorney. Showing anger or frustration at these moments could adversely affect the divorce.
Additionally, be careful about what you say and how you act around your children. They’re already in a difficult position and getting angry or bad-mouthing your spouse can make a stressful situation more difficult.
9. Forgetting to Change Your Estate Plan and Beneficiaries After Divorce
Changing your will and other estate plan documents is crucial after your divorce. This includes designating new beneficiaries for your life insurance policies, any trusts you have established, and so on. For example, you probably don’t want your spouse to get any of your assets upon your death, but that could happen if you don’t update your will. An experienced Arizona estate planning lawyer can help you make these adjustments.
10. Neglecting Your Personal Well-Being
Getting divorced is physically and emotionally taxing. However, you can’t make thoughtful decisions for your future if you’re burned out. Take care of your physical and mental health throughout the process. Exercising and getting enough sleep every day can help you maintain the energy necessary to power through your divorce. Spending time with supportive friends and family or seeing a mental health professional can also help you manage the ups and downs of divorce.
Schedule a Consultation With an Arizona Divorce Attorney Today
The lawyers at Brown & Hobkirk, PLLC know how important choosing the right divorce lawyer is to you. Our family law attorneys can provide the compassionate and trustworthy legal services you need to get through this challenging time. Call or contact our divorce lawyers phoenix today for a case review.