What Can You Not Do During A Divorce?
Stress and tension are often parts of the divorce process people cope with. But however fraught the process may be, it is essential to avoid making mistakes as the process takes place. Here are some things you must avoid when navigating the divorce process.
Pregnancy adds layers of complications to the divorce process and may even impact your right to a divorce. In some states, there may be laws regarding the timeline a divorce can take place as the paternity of the child may be in dispute and until it can be established there may be no one to assign financial responsibility for the child’s support. It is true several states treat single parents identically as married ones. However, it is definitely a complication that requires careful consideration.
Changing Your Will
Just because you are granted a divorce it does not mean a will is revoked. An update to your will may be required to reflect your new circumstances. Should you become deceased before a divorce is granted and your spouse has been left zero, they may sue in probate to obtain 50% community property portion of your estate.
Collaborative Divorce And Mediation
In areas where collaborative divorce is common, it is generally regarded to be beneficial in the breakup process as issues can be addressed in a team meeting and productive manner. In contrast to group collaboration, mediation is where a third party assists in bringing an agreement between the two parties going separate ways. Lawyers are not always required in these sessions, though their counsel can be consulted at any time as the process unfolds to ensure you are getting the optimal outcome for your situation.
Relationships With Lawyers
Do not get romantically or sexually involved with your lawyer! In some states, it is prohibited but even in states where it is permissible, you may face a charge of adultery as a consequence. Do not mix business with pleasure, there are plenty of other viable romantic options out there.
Do Not Blame or Involve The Children!
It is essential a child or children have support through the divorce process. Give them the time and attention they require and help them focus or educational and extra-curricular activities. Over time, they will become more at ease with the new two household circumstance. Ultimately the purpose of a divorce is to relieve stress and move forward and if a child or children can see that over time, they will be able to better cope with the new situation.
Be Open To The Idea Of Therapists
A therapist can help you cope with the whole gamut of emotions associated with divorce. And it is a worthwhile idea to seek out a therapist before you start to feel emotional extremes. A therapist can offer professional help as well coping mechanisms for life as well as the divorce court. They can also help you to work out ways of becoming more independent post-Decree.
Is Waiting Until After The Holidays A Good Idea?
Holidays can be tough times and pre and post-Christmas are often the busiest time of year for divorce lawyers! Fighting a divorce case during the holiday period will only cause more stress and may damage the opportunity you have to achieve a separation that is amicable. In an ideal world, do not commence your divorce until January.
The house often goes to the person who is awarded primary custody of a child or children. But if you cannot afford to pay the maintenance, mortgage, taxes, and other associated costs, it may not be the ideal option. Sometimes selling the house just makes more sense. An alternative is to request the equal value in an investment portfolio of the community. Capital gains for single people are not protected from taxes to the same extent as they are for married people. There may also be issues with existing stock positions and it many be a better strategy to opt for freshly purchased stocks as the capital gains taxes will be less of an outgoing expense.
You Don’t Have To Settle Early
Financial security does not have to be sacrificed because you want a quick divorce process. Maintain many copies of your various financial statements so you can be on top of what assets and liabilities you have. You will need to make sure the minor children still have coverage for health insurance on an ongoing basis post-Decree. If this can be worked out between the two parties in an amicable manner, you may be able to move forward with what is known as an uncontested divorce. If this is not feasible, remember to bring all relevant financial documentation so a lawyer can make a correct assessment of your financial situation in advancing your case.
Avoid Debt Accumulation
Divorce is seldom cheap. Once you have dealt with fees from lawyers you will also have the expense of setting up a new household. Economizing and making do for now is the order of the day. Hopefully if you make wise choices now, you will emerge on the other side of the divorce with far less financial damage. Once everything is concluded, you should feel a great deal better about the situation by planning to live within your means.
Source: Zimmer, Jessica. “Top 10 Things NOT to Do When You Divorce.” Legalzoom.com, 25 Apr. 2019, www.legalzoom.com/articles/top-10-things-not-to-do-when-you-divorce.
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*This information is not intended to be legal advice. Please contact Canterbury Law Group today to learn more about your personal legal needs.