Disclosure – this is a collaborative post.
Getting a divorce in California is easy once you know all the do’s and don’ts of the process. Without proper information, you may end up making a mistake that may cost you heavily in the divorce proceedings and hurt your chances of getting everything you want.
Some divorce cases are straightforward and do not take much wrangling to resolve amicably, especially when there’s a prenup in place. However, some divorce cases can become very messy, long, stressful, and even painful. That’s why the law offices of Michelanne Hrubic have devised a list of potential pitfalls you may want to avoid if you are filing for a divorce or suspect your partner is filing for one.
1. Do not rush the process to avoid divorce anxiety or to save money
Getting a divorce is one of the most mentally challenging things in life. Anxiety, depression, anger, longing, and more emotions continue to disturb you and make things unnecessarily difficult. You can ignore these emotions but not wholly suppress them –after all, you are still human. This combination may make you want to get it over with and be hasty with your agreements and decisions. This is why it is essential to sit down with your lawyer and plan everything in detail. Otherwise, you may end up regretting certain choices.
Nowadays, certain ads are cropping up that offer a cheap, quick, and easy divorce. The maxim, “if it sounds too good to be true, then it probably is,” applies here. Save yourself from such scams and choose a lawyer that genuinely cares for your rights.
- Do not skip over the discovery process.
- Change your beneficiaries, trust, and wills.
- Legally remove your former spouse from any authority over your finances, bank accounts, or estate.
2. Do not let your emotions dictate your legal decisions
Emotions are understandably high in divorce proceedings. But screaming matches, undue accusations, or bickering in a court is highly frowned upon. Take support or guidance from your friends and family, if you must, but do not let emotions dictate your legal decisions.
3. Have realistic expectations and goals
If you dispute with your former spouse on every little thing, nothing will get done, and bills will continue to rack up. Instead, learn to compromise and deal with things like a sensible adult you are. Negotiations are meant to reach a middle ground, not get you your way. Be reasonable and practical in your demands, even if your former spouse tries to be unreasonable. Ultimately, your calm and sensible demeanor will positively reflect in court.
4. Only take legal advice from your attorney
Your attorney is getting paid to secure your interest. Therefore, you should trust their advice. It is natural that you may receive undue advice from friends and family who have gone through a divorce before. But their situation may not apply to you. Your lawyer will offer you advice based on your circumstances. Trust in them.
5. Identify your separate property
Failure to identify your separate property or assets during or before divorce proceedings is a critical mistake that many people make. California laws states that most of the assets purchased during marriage are subject to division in a divorce –however, any assets acquired before marriage are not divisible. Therefore, failing to identify your separate assets may get them lumped up in the divisible assets list.
Disclosure – this is a collaborative post.
