Divorce Proceedings: 3 Common Mistakes

Posted on: 25 January 2017

If you are currently in the process of divorcing your husband or wife, the incredible stress created during the process can make it difficult to know if you are making correct decisions. A divorce can be further complicated if children are involved, which can lead to you making errors. Below are three mistakes you should avoid during your divorce.

Not instructing a lawyer to act on your behalf

Even if your partner has agreed not to contest the divorce proceedings and to enter mediation, this doesn't mean that you do not need to instruct a lawyer to act on your behalf. If you have children, you and your partner will have to unpick the life you have built together over many years. A lawyer will be able to advise you on the best way to divide property and to negotiate access to your children and visitation rights. If during the divorce process things become a little less friendly, a lawyer will be able to advise you on court action you can take to remedy the situation.

Using your regular attorney rather than a family law specialist

If you have a regular attorney which you use for other legal issues, you may be tempted to instruct them to act on your behalf. After all, it is likely that you will know them well and trust them to represent you in court. However, your regular attorney may know you and your wife too well, which could create a conflict of interest or cloud their judgement. Also, family law can be a very complex legal area, so it is best to instruct an attorney who specialises in this type of law. A family law attorney will have the expertise and distance needed to offer sound legal advice.

Trying to punish your spouse

When a relationship breaks down, it can generate a lot of negative feelings such as jealousy, guilt and anger. It is important that you do not allow these feelings to influence your actions. If you attempt to punish your spouse in family court by being stubborn about the division of assets or visitation rights for the children, it will have an adverse impact on every party involved. A professional family attorney will be able to help you to make positive decisions when you are in court.

If you would like further advice and information, contact a family law and divorce attorney today.