Looking at the big picture, divorce might seem easy. You and your spouse try to negotiate resolution to issues like property division and child custody, and when an agreement can’t be reached, you each make your respective arguments to a judge so that they can decide the issues at hand.
In reality, your divorce is likely going to be much more complicated and contentious than you expect. That’s why you need to stay on your toes, expect the unexpected, and be prepared to advocate for your interests.
While much of your case will be built on a foundation of evidence, you have to remember that half of your divorce is defending yourself against your spouse’s arguments. If you don’t, then the statements they make to the court might prove persuasive, leaving you in a worse post-divorce position than you’d hoped.
One key aspect of defending yourself in a divorce proceeding involves your own actions, though. As you move forward, you’ll want to avoid making key mistakes that could leave you in a bad position.
Top mistakes you’ll want to avoid in your divorce
Given the complexities involved in divorce, there are several mistakes that can be made along the way. Here are some of the most common and most serious that you’ll want to avoid:
- Thinking that you’ll share marital debts equally: Like marital assets, marital debts will be divided equitably. This means that they’ll be divided fairly, which doesn’t necessarily mean that they’ll be divided evenly. Therefore, depending on the circumstances of your case, you may end up with more of the marital debt than you expected. You need to have a realistic expectation of what you’ll be stuck with, though, so that you can plan accordingly. You can also build strong arguments to try to avoid as much debt as possible by arguing issues such as your spouse’s financial stability, the length of your marriage, and the reason behind the debt.
- Believing that you’ll keep your inheritance: While inheritances are typically thought of as individual property exempt from the property division process, these assets can be quickly transformed into marital assets that are divided amongst spouses. This happens when you put a spouse on the title to inherited property or when you comingle your inherited assets with your marital funds. So, be careful with how you handle your inheritance.
- Thinking that giving the marital home to your spouse will free you of the mortgage: If you negotiate away the family home, then your intent is to save money on mortgage and upkeep. Yet, you could still find yourself on the hook for those expenses if you’re not careful. During settlement negotiations, you need to ensure that your spouse agrees to refinance the mortgage in their name so that you’re not responsible for an expense that you were hoping to avoid.
- Believing that trading bank accounts for retirement accounts will be easy: In most divorces, retirement funds are considered more valuable since they take longer to accumulate. Therefore, it may not be as easy to trade cash for retirement funds as you think. You’ll need to come up with a strong strategy for securing the retirement assets that you want and need.
Don’t be your own worst enemy in your divorce
There are a lot of missteps that can be made during the divorce process. To avoid them, you need to anticipate them and respond accordingly. Fortunately, you don’t have to try to navigate these matters on your own, as support can be found out there to help you competently get through your divorce.