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Divorce can be frustrating and emotional at the best of times, but there are ways to avoid unnecessarily making it worse. Some of the mistakes below are commonly seen when a couple separates or divorces.
Mistake #1: Representing Yourself in Family Court
Self-representation in family law cases can lead to significant delays and complications. Without legal expertise, navigating complex legal procedures and effectively presenting your case can be challenging. An experienced family lawyer offers invaluable guidance, advocacy, and objective advice, ensuring your interests are protected and maximizing your chances of a favourable outcome.
Mistake #2: Speaking Poorly of Your Ex-Spouse to Your Children
Breakups are emotionally charged events, often leading to heightened stress and frustration. While it’s understandable to feel hurt or angry, it’s crucial to avoid expressing negative sentiments about one’s ex-partner in front of children.
Children experience significant emotional turmoil during a divorce and require stability and support. Courts prioritize the child’s well-being and may view any behaviour that could cause unnecessary distress negatively. Even if the other parent is not behaving ideally, it’s essential to maintain a respectful and child-focused approach.
Mistake #3: Failing to Plan
Divorce has significant financial implications, often involving spousal support payments and child support obligations. Strict financial reporting requirements further complicate the process.
The division of marital property can be another contentious issue, even with mutual agreement on assets. Disagreements may arise over the equitable distribution of remaining assets, particularly when one party withholds information.
Various contracts, including Cohabitation Agreements, Marriage (Prenuptial) Agreements, and Separation Agreements, can mitigate many of these challenges by clearly outlining each partner’s expectations during a separation or divorce.
Mistake #4: Ignoring Court Procedures
When you receive court documents, they typically include a deadline for responding to the legal action. Adhering to these deadlines is crucial, as failure to do so can result in significant consequences.
If you fail to appear in court or submit supporting evidence, you may be denied the opportunity to present your side of the case. This could lead to a one-sided understanding of the situation and an unfavourable decision, even if the facts support your position. Preparing your argument with evidence is essential to ensure a fair hearing and avoid potential delays and additional legal proceedings.
Mistake #5: Fighting Over Parenting Arrangements
Divorce significantly impacts parenting arrangements, affecting both the time spent with children and the nature of the parent-child relationship. As a result, disputes over decision-making responsibility (custody) and access (parenting time) can become highly contentious.
Court-ordered parenting arrangements also have financial implications. Shared custody, typically involving 40-60% of parenting time, offsets child support payments. In contrast, the parent with primary custody (over 60% of parenting time) receives child support.
Consulting with an experienced legal professional can help you navigate these complex issues and negotiate favourable terms based on realistic expectations, potentially saving significant costs in the long run. Avoiding conflict as much as possible can preserve the relationship between the parties for co-parenting purposes and reduce the emotional strain on the children.
Mistake #6: Listening to Non-Legal Advice
While personal experiences and opinions can offer valuable insights, it’s crucial to recognize that all family law cases are different and dependent on their own unique circumstances. Try not to judge your case or legal strategy on anecdotes from other people (particularly non-lawyers) who have gone through their own divorce. Misinformed decisions can have far-reaching consequences, including compromised legal rights.
By consulting primarily with an experienced family lawyer, you can gain clarity on your legal situation, receive tailored advice, and effectively navigate the complexities of the legal process as it pertains to your circumstances.
Mistake #7: Failing to Manage Expectations
Some individuals may mistakenly view divorce as an opportunity for financial gain or a solution to perceived injustices. However, this often isn’t the reality.
The dissolution of a marriage or significant relationship can be emotionally taxing, involving complex emotions such as betrayal, disappointment, and the resurfacing of past trauma.
An experienced lawyer can objectively assess your situation, explore potential options, and refer you to other professionals, such as therapists or financial advisors, who can offer additional support during this challenging time.
Mistake #8: Lying to Your Lawyer
The adage “the truth will come out” remains relevant in legal proceedings. However, the timing of the truth’s revelation can vary.
Your family lawyer can only base their arguments and strategies on the information you provide. Any inaccuracies or misrepresentations can undermine your credibility, delay resolution, and potentially lead to adverse outcomes. It’s crucial to be honest and transparent with your lawyer to ensure they can effectively advocate on your behalf and mitigate any weaknesses in your case.
Mistake #9: Posting About Your Divorce on Social Media
While freedom of expression is a valuable right, it’s important to exercise caution, especially during a legal dispute. In a world that values expressing your authentic self, it is wise to remember that online posts, even those made in the heat of the moment, can be used as evidence in legal proceedings.
As the saying goes: “dance like no one’s watching”; however, email and post as if the whole world is.
Mistake #10: Underestimating the Legal Implications of Common-Law Separation
Many people mistakenly believe that legal protections only apply to married couples. However, common-law relationships also have significant legal implications, particularly regarding parenting rights and obligations. In some circumstances, common-law partners may also have property rights after a relationship breakdown.
While the term “divorce” is specifically used for married couples, common-law separations require legal guidance to ensure your rights are protected. Consulting with a lawyer can help you navigate the complexities of common-law separation, including understanding your rights under federal child support guidelines and any applicable provincial legislation.
Contact Johnson Miller Family Lawyers for Trusted Divorce Advice in Windsor-Essex County
Johnson Miller Family Lawyers in Windsor offers personalized legal counsel to help clients navigate the complexities of separation and divorce. Our experienced family lawyers provide comprehensive support, addressing the immediate concerns post-separation and potential future legal issues, including parenting arrangements. By taking a calm and methodical approach, we empower our clients to make informed decisions and achieve positive outcomes. To schedule a consultation on your divorce matter, please call us at 519-973-1500 or contact us online.
