LAW OFFICES OF KELLI J. MALCOLM
BRINGING LAW TO THE PEOPLE
Going through a divorce can be a complicated and stressful time. Many couples rely upon the bad or misplaced advice of others and make mistakes or bad decisions that could completely derail their goal in the divorce. What are some of these common mistakes?
1. Relying Upon the Advice of Others
Everyone knows someone else who has gone through a divorce, and it is an all-too-common occurrence for these individuals to relate their own stories to the current situation of the person facing the divorce.
No one situation is the same. Unless the person giving advice is an attorney, this advice needs to be taken with a grain of salt. Be cautious when listening to the war stories of others as many times this is not the complete story or is completely unrelated to the client’s current situation.
2. Lying to the Lawyer
Once someone hires an attorney, it is extremely important that the client be 100 percent upfront with that attorney. The attorney needs to know the good, bad and the ugly. If it can come up in court, tell the attorney.
Keep in mind that anything that is said to the attorney is protected by attorney-client privilege. The attorney needs to know anything that can help or hurt the client in advance so that he or she can prepare should it come up in court.
3. Hiding Assets
It can be tempting to take the money and hide it from the other spouse before filing for divorce, but those actions can seriously hurt the client later on should the judge discover what happened. It may make the judge take the side of the spouse and award the other side a larger portion of the marital property because of the actions of the client.
This could also involve one spouse re-assigning property to other family members to try to hide it from the other side.
4. Unrealistic Expectations
Another mistake that clients make involves have unrealistic expectations on what to expect. Many times, this involves the assets and debts. The client may mistakenly believe he or she is entitled to more than the law allows.
The divorce process can also involve a significant decrease in the standard of living for the spouse. After all, the couple is going from two incomes for one household to two incomes for two households. Seeing the actual numbers for support and property division can sometimes be a shock. It is best to listen to the attorney when discussing the big picture and what to expect when everything is done.
5. Fighting over Everything
Odds are, the couple is getting a divorce for a reason. They likely do not get along. However, some clients operate under the belief that they should do everything to make the life of the other spouse difficult. At some point, certain issues are not worth fighting over.
Legal fees can add up quickly if attorneys are being paid to go over everything single small issue that comes up. Focus on the big issues that matter.
6. Involving the Children
The divorce is between the two spouses, not the children. All too often do parents put the children in the middle of their fights. If one of the spouses is saying things that alienates the children from the other parent, this information will go before the court and could be used in making a determination on who cares for the children.
7. Social Media
Always keep in mind that what is put on social media can be used as evidence in a Colorado courtroom. Many times, spouses will send out angry messages or texts or will disparage the other spouse on Facebook, and these messages or posts could come back to haunt them later.
Also, any information that is posted about wild behavior of one spouse could later be submitted as evidence. It is best to avoid posting anything that could come back and harm the case at a later date.
8. Not Hiring an Attorney or Using the Same Attorney
In some situations, one spouse may try to talk the other spouse into either not using an attorney or using the same attorney to prepare the agreement. It is possible that this can be done, but keep in mind that each spouse has his or her own interests, and these interests should be protected. It is for this reason that it is best to at least consult individually with an attorney before making any big decisions.
Call Us Today!
Divorce is complicated and can be a stressful matter for anyone. We are here to help you through the process. Call the Law Offices of Kelli J Malcolm today for your free consultation at 720-261-7287.