Divorce Strategies You Should Avoid

Divorce Strategies You Should Avoid

Common Mistakes During Divorce

Getting a divorce is one of the most stressful processes you can go through, even if your split is amicable and your assets are easy to manage. If you have an especially combative spouse, or your marital assets are many and various, it will be even more complicated. 

The least you can do is avoid making your divorce case any harder than it has to be. Divorce mistakes are common, as divorce is a particularly high-stakes and high-stress process, but by avoiding them you can streamline your divorce and come away from it with the best possible outcome. 

Below we’ll go over some of the most common mistakes so that you know divorce strategies you should avoid. 

Don’t Forget About Mediation

Many couples immediately take their divorce to the courts, but this can increase the amount of time, money, and distress that your separation causes. 

When your divorce is litigated, the courts get to decide on the outcome, but if you meet with a mediator instead, the power remains in your hands. 

Many consider the process more rewarding, as the focus is on cooperating to create a new balanced, separate life after divorce, rather than on a vindictive airing of grievances. 

But mediation is not the right fit for all couples. Especially if there are problems of domestic abuse, or a significant power imbalance in the marriage, the power of the courts in regular divorce proceedings may be helpful in protecting the rights of the weaker party and getting adequate spousal support. 

Don’t Make Decisions Based on Emotion

Of course emotions are running high in your divorce, but you can’t let them cloud your judgment and lead you to make decisions that will hurt you down the road. This can be easier said than done, which is why experienced counsel is crucial.

For example, sometimes angry spouses will try to use the divorce process to get back at their spouse, but this often backfires. Not only is trying to punish your spouse likely to drive up the cost of your divorce, but you are also likely to be disappointed, considering that the court is only interested in a just and equal split, not point scoring or blame attribution. 

Along similar lines, it’s usually counterproductive to become too attached to any one asset in your marriage. Demanding that you get the family house, or a favorite painting, will likely result in losing out on other forms of compensation that you deserve and need more in the long run. 

Don’t Be Dishonest

Whether in your communication with your spouse or with the courts, honesty is almost always the best policy. Lying to your spouse will only make negotiations more difficult, and are likely to hurt your case if you are found out. 

Lying to the courts or hiding assets is also a bad idea, and can result in the dissolution of settlements that have been made, and sometimes even criminal fraud charges. 

Hart Ginney Has Your Back

The best way to avoid these pitfalls and more is to work with an experienced family law attorney. Our team at Hart Ginney family law firm has years of experience both in mediation and in litigation, and can help you get the best outcome from your divorce. 

Contact us today to learn more about how our legal advice can help you get a better idea of what to avoid doing during a divorce. 

1939 Harrison Street, Suite 210
Oakland, CA 94612

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