Family Law Blog

Top 10 Legal Mistakes by Divorcing Couples

By Denver Divorce Lawyer on February 25, 2009

A recent article in Divorce360, a website with resources for divorcing couples, outlined the top 10 legal mistakes that divorcing couples make which cited a book called, “Surviving Separation and Divorce” by Loriann Hoff Oberlin as the source for the list. These legal mistakes were, in order:

1. Believing your spouse will be fair and cooperative—In matters as emotionally charged as divorce proceedings, it is the exception rather than the rule for a spouse to be accommodating as resentment often causes people to act in their own best interests.
2. Having unrealistic demands or expectations of what you will gain from the divorce— Oberlin claims that too many people expect to get everything they want in a divorce and set themselves up for disappointment.
3. Signing documents without asking questions about them— As most divorce documents are legally binding, you should always take the time to read and fully understand a document before signing it.
4. Withholding pertinent information from your attorney— In an effort to conceal financial and other types of information, some people do not disclose important facts to their attorney and inhibit their ability to provide the best possible legal representation.
5. Not checking facts and figures provided by your attorney— Divorce attorneys make honest human mistakes like any other person, so make sure to double-check all the information they provide for accuracy.
6. Making legal decisions based on emotion rather than logic—Letting your emotions make important decisions is almost certain to result in lapses in judgment with lasting repercussions.
7. Expecting the court to see things from your perspective— No matter the strength of your convictions and how sure you are that you’re right, a presiding judge may see things in a different way.
8. Letting too much time pass before enforcing a court order— In the maelstrom of emotions that divorcing couples experience, they may procrastinate and not sign legal documents in a timely manner. This can lead to unforeseen and unintended consequences.
9. Forgetting the tax ramification of legal decisions— Oberlin recommends that divorcing couples speak with a financial advisor so that they may have a better idea on how the division of property will affect them financially.
10. Hindering your own case— Many divorcing couples make the mistake of calling their divorce attorney several times a day or otherwise obstruct their ability to do their job with frequent interruptions. Oberlin advises that it’s best to ask your divorce lawyer how you can help them rather than pester them.

The Colorado divorce attorneys at family law firm Kaplan Law L.L.C., have been helping couples settle matters of child custody, visitation, and other divorce matters for many years. To speak with an experienced Colorado divorce lawyer, call Kaplan Law L.L.C. today.