09 May The Common Mistakes To Avoid During a Divorce
Even the most harmonious divorces can be stressful. If you are contemplating on filing for divorce, it’s important to know that you’ll be spending a lot of money, constantly worry about your kids, and dividing most of your assets.
It can be hard to plan for divorce and create a path of action when so many things depend on how your soon to be ex-spouse will act. The devastating stress of such a scenario makes it relatively easy for exhaustion and frustration to get the better of both spouses. Most divorcing parties make the same mistakes and some of them have heavy repercussions measured in time, distress, money and regret. This read covers some of the mistakes you should avoid when filing for divorce:
Waiting Too Long to File For Divorce
You should never take the decision to terminate marriage lightly, but if you want to leave a dangerous, unsatisfying, or dangerous relationship, it is advisable to take action as soon as possible.
If you are the victim of abuse, you have to get out and stay in a safe place. Contact the authorities first and then consult your lawyer for a temporary restraint order to keep the abuser away from you and your loved ones.
Even if you are heading towards a harmonious and mutually agreed upon divorce, delaying will not help. When you divorce, the court will split all your assets in accordance with the principle of equitable distribution. The problem is that most people planning to divorce do not know what assets are subject to distribution.
The following assets are subject to distribution:
-Social security benefits
-Items in your home
There are very few exceptions that are subject as above, usually inheritance which remains with the inheritor. Also, premarital homes are not subject to distribution.
Leaving Trusts and Wills Untouched
Perhaps the worst mistake that couples make is not changing wills and trusts after divorce. Just because you are legally separated does not mean that your ex losses rights to what you have set aside in the will for them. Forget to alter the will and once you die, your ex-spouse will getting a portion of your property that you wanted to go to your loved ones and new spouse.
Involving your Kids
It is important for the happiness of everyone that you keep your children out of your divorce as much as you can. Telling them too much regarding the details will only stress them out. Also, trying to make them side with you will only be damaging and you may not be so lucky when it comes to child custody. Parental alienation is a serious thing and can get you penalized.
Insisting on Fighting
Divorces are usually expressed in all sorts of media as huge legal battles between partners. With mediation or collaboration, you and your spouse can avoid fighting and come to a friendly solution. So, before you dive into divorce, consult your attorney regarding the alternatives and see if they could work for your situation. To know more about us visit the website at https://deanhineslawyer.com/family-law-attorney-columbus-ohio/.