Divorce: What Not to Do
14 Things You Should Never Do During A Divorce-from-mt-379514
13 Jun From time to time I get divorce cases that really make me scratch my head and wonder what in the heck people were thinking when they decided to get married in the first place. These are the cases where the parties literally hate each other and cannot see the other person's view of anything. Like. Reasonable compromise yields quicker and easier results in divorce cases. DO support your children through this process. It's even tougher on them than on you. Don't make them pick sides. DO let your spouse know when and where you will spend time with your kids while you work out permanent custody arrangements. 20 Oct Make copies of all your financial documents and legal records before your divorce proceedings begin. These documents should include bank and investment statements, wills, trusts, tax returns, property deeds, insurance policies and vehicle titles to name a few. Keep these copies in a secure location not.
June 13, 96 Comments.
From time to time I get divorce cases that really make me scratch my head and wonder what in the heck people were thinking when they decided to get married in the first place.
Regardless of the wrong, litigants do not understand that they are damaging their own cases by attempting to obtain revenge. As a litigant in a divorce case you want to show up for court not only with clean hands, but a clean history.
Hide things from your attorney. Attorneys can prepare for and deal with facts. Surprises on the click the following article hand create problems.
The same goes for destroying evidence. Dispose of assets you know your spouse is going to request. Fail to keep a copy of all communications with your soon to be ex-spouse. That would be stupid. Make comments in front of your children about your spouse. Children are not the jury for a divorce. Leave the kids out of it. All they want is to be loved. Send nasty text messages, email or voice mail. Show anger in front of the judge, clerk, your spouse or your children.
Screaming or violent outburst only serve to impress upon people that you are irrational. Fail to weigh the trial of a case During A Divorce What Not To Do economic and non-economic terms. The romance is gone. It is now a matter of money and custody. Do you really want to stand in front of the judge while a lawyer questions you about your infidelity, gambling problem or pornography addiction? Are you familiar with alienation of affection and what it can cost?
It will only polarize your soon to be ex-spouse even more. It also provides the perfect opportunity During A Divorce What Not To Do the new lover to be a witness and generally an unprepared witness at that. Speak with the lawyer for your spouse or anyone associated with their office for any reason. Be calm and rational.
When going through a divorce, here are eight things you should definitely not do. It took me two weeks to get the place but only because his parents pushed him and his mistress out. You will still have to deal with your ex-spouse for many years to come.
You rarely lose anything by failing to respond quickly. Calmly think about the situation and then respond if required. Talk while others are talking.
You can often gain an advantage in a divorce by soaking up knowledge, but rarely will you do so by passing it out. You need to be the one that is learning, not the one that is teaching.
You are not going to convert anyone during a divorce case. You can however, piss them off or convenience them that you are hypocritical. Make proposals you are not fully prepared to live with. Otherwise, your credibility goes out the window. Withhold visitation for failure to pay child support or vice versa.
14 Things You Should Never Do During A Divorce
This is a good way to go to jail for contempt. Fail to read all orders entered in your divorce case. Ask your attorney for them. Your financial situation is about to change……drastically.
This is a time to be very conservative with your finances. Fail to create a rainy day fund. Keep some cash somewhere safe that you can use for emergencies. Fail to consider the tax implications of divorce. Your tax situation is about to change.
What Not to Do During Divorce
Fail to update your legal documents. Do you want your soon to be ex-spouse using that power of attorney from ten years ago to remove money from your retirement? Do you want them to make the decision as to whether or not life saving measures should be taken if you have a serious medical condition? Do you want your soon to be ex-spouse to receive all your assets if you kick the bucket the day before your divorce becomes final? These events can be avoided, put they must be planned for.
11 Things You Should Never Do During and After Divorce
Get pregnant or get anyone pregnant. Pregnancy can stall a divorce while the court waits to find out the identity of the father. Do you want to wait months only to provide proof of your infidelity?
Every divorce is different. You are paying During A Divorce What Not To Do attorney to watch out for your best interests. Either trust your attorney or find an attorney you can trust.
Fail to take an inventory of household items. You need to be able to show what assets have been removed or destroyed. If nothing else, walk through the house with a video camera and video everything there.
It will help you create a list of assets. Fail to keep your attorney advised of your whereabouts. The only thing more troubling for an attorney than a lying client is a client that falls off the face of the earth. Fail to keep a divorce diary.
Make notes of things that happen. Cash refund checks that During A Divorce What Not To Do all honesty belong to your spouse. If a tax refund check comes in, try to reach agreement on a division. Fail to pay child support via check. Better early than jailed for contempt. Fail to remember than Chancery Court is a Court of equity. Discuss settlement with your spouse after you have been drinking.
That great idea you had at midnight may not be such a great idea the next morning when you wake up with a hangover and even your dog is looking at you funny. Fail to realize that if you have a child or children, the divorce is not the end.
You will still have to deal with your ex-spouse for many years to come. If you are unreasonable now, there is a good chance that your ex-spouse will be unreasonable with you for many years to come. Fail to understand that a happy ex-spouse is a key to your happiness. Fail to understand that the more unreasonable you are, the more unreasonable your spouse will be.
You have to give something to receive something. Children generally have an established network of friends and family where they are. Relocation will be difficult on you and will likely be even more difficult on them. Make extrajudicial modifications to any court order. Stated another way, do whatever the court orders you to do and do it until the court orders you to do something different. Be your own lawyer.
You figure you will save a few bucks, but in the long run you wont. If you really desire to end up back in court or worse in jaildraft your own pleadings and draft your own custody agreement. So there you have it. Forty things not to do during your divorce. This list is by no means exhaustive. Like right now, I just remembered that I failed to tell you that you should never here advice or strategy received from your attorney with other persons.
That destroys the attorney-client privilege and the attorney on the other side is free to obtain this type of information in discovery. I suspect you could probably name 4 or 5 other things in addition to my Divorce is generally a traumatic and life changing experience. Last week, I attended a CLE seminar on malpractice prevention. One of the speakers cautioned us about inadvertently creating attorney-client relationships. Filed under Law Tagged with divorce. About randywallace I am a husband, father, attorney, outdoorsman and cook.
Do not send nasty text messages, emails, or leave nasty phone messages. At the moment I feel as thought a tornado has shredded my life to pieces. You bet there are. June 15, at 6:
Sorry this is so long i need help 6 weeks before court results Raymond H Hoskins. Hoskins, it appears you are in quite the predicament. Best response I can give you is to consult with a lawyer in your area.