What Are the Most Common Mistakes Made During a Divorce Case?
Over the years our office has worked with hundreds of clients going through divorce in Queens, and they vary from bring highly emotional to low key and everywhere in between. But there are certain mistakes and misconceptions that come up frequently during divorce proceedings. Read on to find out the top five mistakes people – and attorneys – can make and how to avoid them.
#1 Letting Emotions Take Over
We know that a divorce or a custody hearing can be an incredibly difficult experience. But allowing your emotions to take over your rational thinking can wind up making the proceeding ever more painful for you and your family members. While you may be distressed, the best approach to take is to take things one step at a time and focus on thinking logically rather than with your head. Take time to speak with your attorney and ask questions about the case; being empowered with knowledge about your situation can help calm you during stressful times. And a more level head will benefit you throughout the divorce proceeding by allowing you to articulate your case and avoid overlooking important issues.
#2 Having Faith in Your Spouse
It sounds callous, but believing your spouse will be fully cooperative during your divorce is anther common mistake. There are many tough emotions at play: anger, resentment, guilt, shame, fear. You can feel one way but your spouse might feel just the opposite. And when emotions mix with serious consequences like child custody or allocation of assets, people you thought you knew can turn into adversaries. So take caution and prepare yourself for any and all responses to a divorce case. Your divorce attorney should be ready to help you plan ahead and react to your spouse’s every move
#3 Unrealistic Expectations About Your Divorce
Divorce is meant to legally end a marriage between two people, but it is often so much more than that. Many people begin divorce proceedings thinking they will get everything they think they are entitled to, whether that be money, property, children, or a business. But divorce is not about trying to get everything that was once part of your marriage, it’s about problem solving and reaching a resolution with your spouse so that you can both move on with your lives. So instead of focusing exaggerated demands, focus on making reasonable demands and working with your divorce attorney to make a strong case for yourself.
#4 Keeping Information From Your Attorney
When some people begin the divorce process they feel defensive and distrustful of their spouse, and those feelings are reflected on their attorney, too. But withholding information from your attorney is a serious error. Your divorce attorney has been hired to help you and work on your behalf, and that can’t happen if you keep information in the dark. Many people think they are maintaining control or will get more money if they lie to their attorney, but this is simply not the case. Make sure to be clear about your intentions for the divorce, your assets, and any other important information related to the case. The more information you can give your attorney, the more they can fight on your behalf.
#5 Not Maintaining Control
Clients can often be overwhelmed by all the paperwork, and issues that come up during a divorce proceeding. But remember that you are not going through this alone. Make sure to work closely with your attorney to make your case run as smoothly as possible. Information and accuracy are your two best friends during a divorce. Be sure to prepare questions to ask your attorney about your case, and read all documents thoroughly before signing them. Invest in a financial advisor if needed to answer the tough questions about taxes, spousal support, and capital gains. The more you know, the quicker your case can run its course and let you start the next chapter in your life.
This is by no way an exhaustive list of common mistakes, but being open, honest, and realistic can make working with a divorce attorney in Queens even easier. To get more information and tips, Contact the Law Offices of Bruce Feinstein, Esq. today for a Free Consultation.