5 Mistakes Made in Divorce Proceedings

Today's guest blogger is writing about the 5 mistakes made by people who are in family court. While the advice is sound, it reinforces to me how undesirable it is to be in Family Court. It really is an awful experience. But, alas, if you are in Family Court, heed the following good advice... or better yet, find a lawyer who specializes in Collaborative Practice and get out of the litigation process.

At Galbraith Family Law, all of our lawyers are trained in Collaborative Practice. We do our best to keep you out of Family Court and support you to resolve your divorce issues efficiently, minimizing the pain. Thanks to Ken Myers for the following article. 

Although it's never our intention to file for divorce when we say our vows, sometimes people just can't be together in matrimonial bliss. Sometimes, the divorce proceedings can get a bit messy which could cause great strain on one or both parties. Of course, this all centres on why the divorce is happening in the first place.

Too many times have the actions of one during a divorce severely crippled the other financially and/or emotionally. When talks of this stressful time become a serious situation, there are things you need to do in order to prevent your significant other from taking advantage of the situation.

1. Financial Evidence - One of the most important pieces of evidence in a divorce proceeding could be the financial activities of your household as a whole. Any record and receipt of monetary transactions and bank accounts should be copied and safely stored. Any amounts in joint bank accounts should be closely monitored and recorded as well as one spouse may have to pay the other as per the final judgement.

2. Settlement Proposals - During divorce proceedings, a spouse's lawyer could provide a settlement proposal in order to reduce the time spent in courts which can increase your budget for your legal fees. Out of anger or frustration, many of these proposals are thrown out by the party for a variety of reasons. When dividing the assets, you should expect to lose something. Dismissing these proposals too quickly could cost you more in fees than you would have lost in the proposal in the first place.

3. Children as Weapons - Many times, a spouse will threaten the other to deny visitation to the children during a divorce. What you need to realize is that this is an empty threat that will not be upheld if you are indeed a good parent. Regardless of how much the threat may cut you to the bone, keep your cool. During the proceedings, the courts will determine if that threat has any validity. Unless you are a parent who constantly endangers your child, there is absolutely nothing to worry about. Let the spouse blow off as much steam as they want.

4. Debts - Sometimes, dividing debts accrued by a couple can be a difficult task to manage. Neither one of you want to pay the bills of the other. A compromise may need to be acknowledged or the courts may assign what is paid by whom. This could greatly depend on the income of each spouse and the total number of bills. You will need evidence that shows a specific bill would have been accrued by your spouse regardless of your marriage. At any rate, the bills will need to be paid and someone will need to pay them.

5. Life After Divorce - Before you have committed yourself to a divorce, you should have taken the time to evaluate if you are able to survive on your own or not. You should never assume anything and having a plan for re-building your life can save you a great deal of trouble in the short-term. The most important aspects to consider are home and income.

Divorce can feel like hell on Earth to some and a blessing to others. In order to prevent the former, you should always protect yourself the moment a divorce is inevitable. If the situation is created from a bad set of circumstances, timing could be very important. Don't let your significant other take advantage of you.

Guest Author Bio:

Ken holds a master’s in business leadership from Upper Iowa University and multiple bachelor degrees from Grand View College.  As president of  morningsidenannies.com, Ken’s focus is helping Houston-based parents find the right childcare provider for their family. When he is not working, he enjoys spending time with his three children and his wife.

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