Updated on August 24, 2022
If you are facing a divorce, you are going through a very difficult time, and may not have any idea about how best to proceed. Knowing the most common pitfalls related to divorce, however, can help you avoid making them and can help ensure that your divorce proceeds as smoothly as possible—while protecting your rights throughout.
Unfortunately, many people who choose to handle their divorce cases on their own end up making mistakes. If you are facing a divorce, you should not leave the outcome up to chance. Seek the legal counsel of an experienced Round Rock divorce lawyer as soon as possible to help you avoid the following divorce mistakes.
Your Decision-Making Process
Obtaining a divorce requires you to make decisions, many of which are painful. However, avoiding decisions can make the divorce process even more difficult and expensive. Make sure to avoid the following mistakes involving your decision-making to ensure a smoother divorce process:
Do Not Ignore Your Divorce
If your spouse has already filed for divorce, or if you have come to the difficult decision that filing is the right thing to do, the worst thing you can do is sit back and ignore the issue. Divorce is complicated, and, while the divorce process may seem interminable, things are likely to move more quickly than you realize, and you have work to do.
Further, even if neither of you has filed yet, the work you do now—in relation to gathering financial documentation and information—sets the groundwork for your entire divorce, and ignoring the issue is not going to do you any favors moving forward.
Learn About Your Options
Most married couples do not understand that they have multiple options to end their marriage. The common options include getting an annulment or filing for a contested or uncontested divorce.
If your marriage does not qualify for an annulment, you may have to proceed with a contested or uncontested divorce. A lawyer will help you understand the difference between contested and uncontested divorces to make sure that you are fully aware of your options when getting a divorce. Contact a Round Rock divorce attorney today for a FREE consultation.
Do Not Make Hasty Decisions During a Divorce
Many people file for divorce when they are not actually prepared for it. (Read more about preparing for divorce.) You need to think rationally to make the right decisions in your divorce case. Making hasty decisions can prolong and complicate your divorce case.
If divorce is imminent, allow yourself the time you need to make important decisions within the divorce process. The outcome of your divorce will significantly affect your and your children’s futures, and you want to thoughtfully approach each important decision along the way with reason and purpose.
Do Not Let Your Emotions Cloud Your Judgment
If you are thinking about divorce, you no doubt are experiencing a roller coaster of emotions that will likely include anger, sadness, and more. For your children's sake and for the sake of your potential case, do not succumb to unleashing this anger on your ex in an unchecked manner. Doing so could have a negative impact on the outcome of your divorce.
You need to keep your emotions under control to make sure that your judgment is clear. This is not as easy as it sounds because divorce is a taxing experience. For this reason, you need a knowledgeable and unbiased Round Rock divorce lawyer who can help you keep your emotions in check throughout the divorce process. Contact a lawyer today to get the help you need.
Documentation
There is a lot of paperwork and documentation involved in Texas divorces. To remove some of the stress from your divorce, make sure to avoid the following mistakes regarding documentation:
Do Not Put Off Gathering Your Financial Documents
The division of your marital property will hinge upon effectively documenting that property—in its entirety. To do this, you will need to document those assets that you and your spouse have acquired together as a married couple, and this often requires a good deal of effort.
The earlier you begin the process of gathering these documents, the more effectively and efficiently you can establish the full extent of your marital property. Such documentation should include all of the following information:
Your financial portfolio
Paystubs for both you and your spouse
Your home’s mortgage and deeds for any other owned properties
Titles for all cars, boats, and recreational vehicles
Documentation related to any collections, art, jewelry, or anything else of value
An unscrupulous spouse can make gathering the necessary documentation far more difficult and could even attempt to mislead you regarding your shared assets. Do not wait to gather the documentation you need. If any problems arise during this process, your dedicated Round Rock divorce attorney will help you find the most expedient and effective path forward.
Do Not Rely upon Your Spouse for Financial Information
If you had very little to do with your family’s finances, you may be tempted to simply accept the divorce financials that your spouse provides you with, but this is very unlikely to serve your best interests.
The stress and upheaval of divorce can push normally trustworthy people to do dishonest things—especially when it comes to finances. While it is a good idea to strive for an amicable divorce, it also behooves you to do your homework when it comes to your finances. In this way, you can avoid becoming a victim of divorce fraud.
Do Keep a Journal
Keeping a journal of factors that are motivating you to consider divorce in the first place will help you maintain a clear record of what you are going through. If you do proceed to divorce, this journal will allow you to stay focused and to share pertinent information—that can be difficult to keep straight under the stress of divorce—with your divorce attorney.
Such a journal also increases the credibility of your story if your case ultimately proceeds to court.
Protecting Yourself
Divorce is not an easy process. However, there are some steps you can take to ease your transition and protect your rights during divorce. Make sure to avoid these mistakes that can endanger your rights and introduce factors that will complicate your divorce for you and your children.
Do Not Expose Your Children to Animosity
Understandably, you can experience a range of emotions when getting a divorce in Texas. However, no matter how you feel about your soon-to-be-former spouse, you should never speak negatively about your spouse in front of your kids. (Do You Need a Non-Disparagement Clause in Your Custody Agreement?)
You should also do whatever it takes to keep your kids out of the divorce process. If you do pursue a divorce, it is going to be difficult enough for your kids; there is no reason to involve them or worry them unnecessarily prior to that time.
Exposing your children to animosity during a divorce or encouraging your child to pick sides can have a negative impact on your children and your ability to secure a favorable child custody outcome. For more information about child custody, contact a Round Rock divorce lawyer today.
Do Not Document Your Divorce on Social Media
Your divorce—much like your marriage—is a private affair that, in deference to your children and to your own dignity, should not be bandied about on social media, and although the court documents will be a matter of public record, this does not mean you should air your dirty laundry on social media platforms.
Any of the following can reflect poorly upon you in the eyes of the court (regardless of the intention behind the post or photo):
Pictures of you and your new paramour
Unkind—or worse—comments about your soon-to-be ex or his or her children or family
Texts (or photos) that depict you engaging in a lavish lifestyle
It is important to recognize that what you post on social media—whether you are going through a divorce or not—never truly disappears. Do not use social media for anything untoward. Before posting, always ask yourself if you would want the judge in your case to see your post and let that be your guide. Remember, too, that a picture says a thousand words. Proceed with caution.
To learn more about the role of social media in your divorce, read “How Does Social Media Affect My Divorce?”
Do Not Hide Assets
The division of your marital property is an important component of divorce. In Texas, the property that you and your spouse acquired during the course of your marriage is considered marital property that should be divided fairly in the event of divorce.
This can be an extremely difficult process, and it can tempt some otherwise reasonable people to take the unreasonable step of hiding possessions in one way or another. However, this tactic is not only dishonest but can also backfire legally. If the judge discovers your subterfuge, he or she can take it into consideration when determining your share of marital property.
Toward this end, it is critical that you do not attempt to hide (or otherwise bypass) any marital assets. Your divorce lawyer is on your side and will skillfully endeavor to help protect your financial rights throughout the legal process. Attempting to cheat the system can lead to serious financial consequences.
Your attorney will also be on the lookout for any signs that your divorcing spouse may be engaging in nefarious financial practices.
If either of you suspects the other of hiding assets, a forensic accountant (and his or her attendant expense) will likely be necessary. It is always in your best interest to be transparent about your assets and to ask the court for a “just and right” division of those assets.
Avoid Trial When Possible
The vast majority of divorces settle out of court, and doing everything you reasonably can to keep your divorce as even-keeled—and as far away from court—as possible is always the least expensive option. If your ex, however, refuses to negotiate in good faith, going directly to court may be your best approach. (Texas Divorce: Should I Settle or Go to Court?)
It is best to discuss your options with a Round Rock divorce attorney. Contact an attorney online today for a FREE consultation.
Do Not Forget to Seek the Help You Need
With a divorce come a lot of mixed emotions that can feel overwhelming. Do not think you have no choice but to simply live with the emotional turmoil. Speaking to a counselor who has experience dealing with divorce issues can help you work through the difficult emotions that may arise during divorce.
Further, counseling can allow you to better understand your emotions, which can help you make better decisions throughout the divorce process and beyond. Sharing your feelings with trusted friends and family members can also help. Bottling up your feelings is likely to do far more harm than good.
Your Texas Divorce Lawyer
A divorce lawyer can be an important support for you during your Texas divorce. Make sure to consult with a divorce attorney early on and avoid these common mistakes about the decision to work with a divorce attorney:
Find a Good Divorce Lawyer
While you are not required to work with a divorce attorney, not doing so puts you at immense risk. Your parental and financial rights hang in the balance, and protecting these rights to the best of your ability is always well advised. Even the simplest divorce can benefit from an experienced divorce attorney.
Divorce comes at you fast, and the sheer pace of it can lead you to put off seeking professional legal counsel. However, in most divorce cases, the success of your divorce case hinges on legal representation. For this reason, you need to find a skilled divorce lawyer near you who will help you handle your divorce case and guide you through the process.
An experienced divorce attorney will help you to take the necessary legal steps in a timely manner, to make well considered decisions, and to feel more comfortable with the divorce process in general.
If you are considering a divorce, the best thing you can do right now is to schedule a consultation with a lawyer. An experienced attorney will clear up any confusion about the divorce process and answer all of your questions.
You can schedule a free consultation with our Round Rock divorce lawyers at The Law Office of Brett H. Pritchard to find out everything you need to know about your divorce case. Call (254) 781-4222 to book your FREE initial consultation right now.
Do Not Hide Information from Your Divorce Lawyer
Once you find the right divorce lawyer for you, it is imperative that you commit to sharing all the necessary information—the good, the bad, and the ugly. It is important to recognize that your divorce attorney is on your side. Hiding things from your lawyer is bound to work against you in the end.
You are not expected to be perfect, and there is no shame in having personal baggage. Your attorney cannot protect you without knowing all the pertinent details. If you have financial issues, a criminal history, parenting issues, a history of substance abuse, a history of adultery, or a history of mental or physical illness, share this information with your divorce attorney.
If you do not feel comfortable sharing this kind of information with your divorce attorney, you probably need a new attorney.
You Need an Experienced Round Rock Divorce Lawyer on Your Side
Divorce is a complicated legal process, and your divorce terms will significantly affect your and your children’s financial future. In other words, the outcome of your divorce is far too important to leave to chance. Working closely with an experienced divorce attorney will help ensure that you obtain terms that work for you.
Brett Pritchard at The Law Office of Brett H. Pritchard in Round Rock, Texas, is a trusted divorce lawyer who has reserves of experience helping clients like you obtain divorce terms that uphold their parental and financial rights. To learn more, please do not wait to contact us online or call us at (254) 781-4222 today.