What Are the Most Common Mistakes Made During a Divorce?

 Posted on October 25,2024 in Divorce

Unfortunately, mistakes made during a divorce can have long-term negative consequences. When you are in the middle of a divorce that seems to be going on forever, and you are sick of arguing with your spouse, it can be tempting to simply say "You can have whatever you want." While understandable, this is never a good strategy.

Months or even years later, that choice can come back to haunt you in a big way. After choosing an experienced Naperville, IL divorce attorney that you trust to have your back, the best thing you can do is stay the course. Remind yourself as many times as it takes that the stress and anxiety you are going through now will end – and that it is necessary to ensure a fair divorce settlement.

Not Hiring a Divorce Attorney Soon Enough Can Be a Major Mistake

If you and your spouse are having a "friendly" divorce and are in agreement about virtually everything, then failing to hire a divorce attorney immediately may not be quite as devastating. However, for most couples, there will be disagreements about one or more issues, and even divorces that begin uncontested can quickly turn not only contested but hotly contested. It is important that you have a strong legal advocate in your corner who will ensure your interests are protected.

Leaving the Marital Home Too Quickly 

While it is normal to want to escape the stress of a bad relationship by moving out of your home, this is rarely a good choice, particularly if you have children. After moving out of the marital home, the court may order you to continue paying the bills associated with that home.

Further, if you have children and you leave them with the other parent in the marital home, you are less likely to be given primary residential custody. Unless there is domestic violence in the home, stay in the marital home when possible.

Failing to Understand Your Financial Situation 

You must have a solid understanding of marital assets and debts, as well as understanding your finances from the point of view of a single person, perhaps a single parent. Once divorce is inevitable, you should start separating accounts like credit cards and banking accounts.

This does not mean that you can drain joint banking accounts, no matter how you feel about your spouse right now. Never take out more than your share, as the court will not look kindly on such actions. Pull your credit report at the beginning of the divorce and then monitor it along the way.  

Avoid Acting Out of Anger, Revenge, or Guilt During Your Divorce

While it can be tough to deal with a spouse who seems determined to make the divorce as difficult, time-consuming, and emotionally devastating as possible, reacting with anger or plotting revenge is not a productive response. It is also unproductive to act out of guilt if you were the spouse who wanted the divorce. Giving your husband or wife everything might temporarily assuage your guilt but will not pay the bills months down the road. Let your attorney be the voice of reason that guides you throughout your divorce.

Forgetting About Tax Implications When Working Out a Divorce Settlement Agreement

Any agreement that involves the division of money, debts, and assets should also be looked at for tax implications. In particular, divorce settlements involving retirement or pension plans should be carefully looked at to determine how a proposed division will affect your future tax burden. Failing to take tax issues into consideration can leave you with spousal support payments or a property division that ends up significantly devalued because of taxes.

Contact a DuPage County, IL Divorce Lawyer

Divorce is tough, regardless of the circumstances, but you should always avoid making critical mistakes when possible. Attorney Michael J. Calabrese is the former chair of the Dupage County Bar Association Family Law Committee and has extensive experience in all aspects of divorce. Contact a Naperville, IL divorce attorney from Calabrese Associates, P.C. at 630-393-3111 to schedule an initial consultation.