Divorce is relatively common in American society, which makes many people assume the process is easy to do. However, it's a lot easier to start a marriage than it is to end one. So many people going through a divorce can find themselves overwhelmed with legal issues they have to navigate along with all of the emotional issues that come with getting a divorce. Often, people make things worse on themselves by making errors that come back to haunt them later. Here are four common divorce mistakes to avoid and why you should get help from divorce professionals like The Kepanis Law Firm, P.C. to help.
Trying to Do It On Your Own
Many people think getting a divorce is as simple as filling out a few forms. While there are simplified divorce procedures that couples can use, they can put you at a disadvantage later. Simplified divorce skips over many of the issues that couples debate in court and leaves them with an already completed agreement. When you agree to an uncontested divorce in New York, you are attesting that your and spouse and you have already made arrangements for the separation, and that a trial is not necessary. Once you agree to these terms, you are bound by them unless you can prove in court, at a later date, that a substantial change in circumstances has occurred. Depending on your situation, these terms could be excellent for you, or they could be detrimental. You need legal representation during a divorce to make sure you are not making a huge mistake in your rush to get the process finished.
Disregarding Court Orders
Divorce is a significant change in your life because, during the divorce, many major decisions for your family are dictated by the court. However, court orders must be obeyed. Not following court orders and/or disregarding the advice of the judge will only make your situation worse. You could be held in contempt of court, thrown in jail, ordered to pay fines, ordered to pay your spouse's attorney's fees, or subjected to whatever other punishment the court believes is warranted under the circumstances. Remember, this is the same judge that will be overseeing your divorce proceedings. Disrespecting their authority by disobeying court orders is not to your advantage. Remember that this situation is temporary and that you will adjust to the new status quo in time.
Removing Money from a Joint Account
When people are going through a divorce, they often worry about the money in their joint bank account. This concern may be understandable, but it is not an excuse to withdraw large sums of money from a joint account. It is still a joint account. Unilaterally removing large amounts of money from your bank account is an easy and effective way to shoot yourself in the foot during a divorce proceeding. Once your spouse notices (and they will notice), the judge could order an injunction that freezes all of your accounts. You will probably be required to return all of the money and there may be some punitive measures as well. Similarly, hiding money is equally dangerous. If you get caught, and the odds are you will, it will end up costing you far more than if you were upfront and honest.
Not Paying Attention to Taxes
When considering how much money you should receive in a divorce settlement, it is vital that you take taxes into consideration. Not paying attention to tax consequences before you are divorced is one of the biggest divorce mistakes you can make. Without planning for taxes, it is likely that the amount of money you actually receive in your divorce settlement is dramatically different from what you expected. To prevent any surprises, run the numbers by an accountant or your divorce financial planner before agreeing to a final settlement.
As you can see, there are many ways that people going through a divorce can make the process worse because they do not understand the law and they allow their emotions to guide their actions. Having a divorce lawyer puts someone in your corner to ensure that you are getting a fair deal and that you do not do anything costly.
If you need help with divorce law in New York, The Kepanis Law Firm, P.C. can help. Send us a message online to request assistance with your divorce proceedings or other area of family law.