Divorce is not only an emotional process, but it is also a legal one governed by many laws and procedural rules. People going through issues such as child custody, property division, and more are often not aware of how the legal process works and so, they make mistakes that end up hurting their case. To ensure you receive the fair settlement you deserve, read the most common mistakes made below, and how to avoid them.
Many people think that to get a divorce, they must enter litigation and go to trial. While this is sometimes the only option, it is not the first one you should consider. Litigated divorces take much longer, are more costly, and a judge may not return a decision in your favor. Options such as collaborative law and mediation allow you and your spouse to control the process, which can reduce the stress of the process and still help you recover a fair settlement.
It is okay to not know what you want in a divorce settlement at first, and that is okay. However, you should identify your priorities at the beginning of the process, as this can help you and your spouse proceed in a much more peaceful manner. For example, if your priority is to seek as much parenting time as possible, you may be willing to compromise on other matters, such as property division.
The tax implications of divorce are something many people do not consider. It is important to make sure your divorce decree outlines whether you or your spouse will claim the children as dependents, and your income tax withholding should be updated so you are paying the right amount. A lawyer experienced with the tax implications of divorce can help you avoid all of these issues and more.
It is easy to get caught up in the emotional aspects of divorce. It is crucial that you get the support and self-care you need so you can continue to make rational decisions. A family lawyer will help you take the emotions out of it when advising on the decisions you will have to make and will explain what is in your best interest.
Communicating with your spouse may be the last thing you want to do when going through a divorce, but it is important that you do. This is particularly important when you and your spouse have children together, as good communication can lessen the negative impact on them. Even if you do not have children together, effective communication can expedite the divorce process and provide for a less stressful experience for all parties.
Many people think filing for divorce is a simple matter of filling out some paperwork, but it involves much more than that. At J. Aldrich Law, P.C., our knowledgeable Naperville family lawyers can advise on all legal aspects of your divorce and help you secure the fair settlement you deserve. Call us today at 630-953-3000 or fill out our online form to schedule a free consultation with one of our attorneys so we can review your case.