Divorce is a complex and emotionally taxing process that can be fraught with potential pitfalls. It is easy to make mistakes that can have long-lasting implications for your family and negatively affect your divorce. Here are some critical errors to steer clear of during divorce proceedings:
**Starting with Aggression or Deception**
People think that they can gain an advantage in a divorce by refusing to cooperate or hiding assets. Usually such actions result in greatly increased attorney fees and fail to gain an advantage. Approach the situation with a mindset geared towards fairness and amicable resolution. It is better to exchange all information as quickly as possible. This will speed up the divorce and reduce costs.
**Neglecting the Emotional Impact**
Divorce signifies a significant change and loss, necessitating a period of mourning. Seek professional advice in the form of counseling.
**Don’t reveal new social relationships**
New social relationships during a divorce can cause your spouse to escalate litigation and refuse to settle the divorce. This is particularly true if your spouse learns that you have a new romantic relationship. Don’t expose your children to new relationships and don’t disclose the relationship to people who are communicating with your spouse.
**Misusing Social Media**
Refrain from posting about your divorce on social media. Such actions can be misconstrued and potentially used against you in court proceedings. Avoid “friending” new people as they may post information with you in the posting.
**Failing to Prioritize Children’s Well-being**
Children are profoundly affected by divorce and can be psychologically damaged for the rest of their lives. It’s imperative to focus on the best interests of the children. Avoid making the children confidants of your social life or secrets. Tell the children as little as possible about the divorce. Don’t pass messages or money through the children or try to poison them against the other parent.
**Attempting to Dodge Alimony or Child Support**
Evading financial responsibilities like alimony or child support can have serious legal repercussions. Fulfilling these obligations is not only a legal duty but also a moral one.
**Attempting to Hide Assets**
Hiding assets or transferring assets to avoid a division in a divorce is prohibited in Massachusetts. Once the divorce is filed, there is an automatic financial restraining order that prohibits these transfers. If the transfer is made before the divorce is filed then it may be prohibited by the Massachusetts Fraudulent Transfer Act. This can result in additional litigation involving the person who received the property.
By being aware of these common errors and seeking appropriate legal counsel, individuals can navigate the divorce process quicker and more effectively, ensuring a fair and equitable resolution for all parties involved.
An additional way to make a divorce easier and quicker is to hire a lawyer to represent you. A lawyer will know the proper procedures of a divorce and the obligations of litigants. A lawyer negotiates without the emotion that spouses bring to the litigation.
