As anyone who's gone
through a divorce can tell you, the process is rarely easy. Tensions run high,
and couples often make poor decisions in the heat of the moment. Given the
mountain of financial, practical and emotional details that have to be sorted, it's
not surprising so many couples wind up making critical mistakes on the road to
divorce. That said there are a number of key things you should do, or more
specifically not do, to lessen the chance you'll regret your decisions
later on. Here are the top 10 tips on what to avoid when filing for divorce.
10. Don't Increase Your
Debt
Divorce is expensive. On
top of attorney's fees, you will need money to set up a new household. Though
it may be difficult to make ends meet, you should get used to having less now.
Remember, your legal bills and court costs may come due before you receive your
first payment of alimony or even your share of the marital property. While it
may seem stressful, the freedom you'll enjoy down the line will be well worth
the struggle.
9. Don't "Settle" Early
Just because you want out
of your marriage immediately doesn't mean you should forfeit your financial
security. Make multiple copies of all of your important financial documents:pension statements, tax forms, brokerage and mutual fund statements, credit
card statements, and other records. It will make you aware of what you own and
even what you owe. Make sure that you and the children will continue to
have health insurance during and after the divorce proceedings. While you are
still married to your spouse, an illness or accident can change how property is
divided. If you and your spouse can work out an amicable agreement on your
own, you can file what's known as an "uncontested" divorce. This will save you
both time and money in court costs. If this is simply not possible, you may
want to hire a professional mediator or an attorney. If you decide to retain
legal counsel, remember to bring 3 things to the first meeting with your lawyer
so you can assess what you will need once separated: a balance sheet listing
the family's assets and debts, an accounting sheet of your income and expenses,
and your tax return.
8. Don't Forget About
Taxes
Typically, the person who
is awarded custody of the children gets the house. But the house may not be
the best deal. If you can't afford the mortgage, taxes and upkeep on the
house, you want to ask for the investment portfolio of equal value instead.
However, before declaring yourself king or queen of your block, remember:single people are not allowed to shelter as many capital gains from taxes.
Stocks can also be at issue. Newly-purchased stocks may be more desirable
because they will cost you less in capital gains taxes.
7. Don't Wait Until
After the Holidays
You already know the
holidays are not going to be difficult. So why wait? Divorce lawyers often
see an increase in clients before, during, and after Christmas. It's also
easier to get used to an empty home before the holidays. If you wait (and
fight) through the season, you may destroy any chances for an amicable spit and
wind up hashing out your differences in court.
6. Don't Refuse to See
a Therapist
Seeing a therapist can
help you get through the range of emotions that you will experience during your
divorce. It is a good idea to get help before you become extremely depressed
or angry. A therapist is not just someone to talk to. They are also a
professional who can show you how to relax, how to talk to your kids, and how
to remain calm in court. Most importantly, a therapist can help you figure out
how to become self-sufficient.
5. Don't Take It Out On
the Kids
Children need a supportive
environment to deal with divorce. Minimize the amount you talk about the
process. It will give you more time to be there for them. Refocus your energy
so you can attend their school and after-school events, help them with
homework, and take them out once in a while to the movies or the zoo. When you
are relaxed, they get more relaxed. Though you should be comfortable talking
with your children about the divorce, the point of this divorce is to relieve
stress on you and your family.
4. Don't Sleep With
Your Lawyer
It's easy to get close to
the one person who is on your side. But it's also a big mistake. Some states
prohibit all sexual activity between an attorney and client. Other states
allow an attorney and client who had a sexual relationship before the case to
continue the relationship. In either case, sleeping with your lawyer can
compromise your attorney-client communications because you may be charged with
adultery for the infidelity.
3. Don't Dismiss the
Possibility of Collaborative Divorce or Mediation
In a collaborative
divorce, you can get the help of professionals—attorneys, divorce coaches and
therapists, to divide property and manage emotional stress. Some critics of
collaborative divorce believe that attorneys, divorce coaches and therapists
who engage in collaborative divorce are not really experts, and cost too much
time and money. But the majority of jurisdictions with collaborative divorce
have stated that collaborative divorce is more cooperative and less adversarial
than traditional divorce.
Mediation is different.
Only one third-party professional—a divorce mediator—helps you and your spouse
reach an agreement. Mediation is more of an-ongoing process than a one-time
intervention. Although lawyers are generally not allowed into mediation
sessions, you can consult a lawyer at any time during the process to make sure
you are getting the right result.
2. Don't Forget to
Change Your Will
Divorce does not
automatically revoke a will. If you want to prevent your soon-to-be-ex-spouse
from receiving the monies and privileges granted them in your will, you need to
update your will. You can re-do a will at any time. But if you die before you
are granted a divorce, and you have left your spouse nothing, he or she can sue
and recover part of your estate.
1. Don't Get Pregnant
Having a baby during your
divorce complicates a lot of things, and could even hinder your right to
divorce. In November 2004, a Spokane County, Washington judge refused to allow
Shawnna Hughes, a pregnant woman, to divorce her abusive husband. Hughes'
husband is not the father of her child. But because Hughes became pregnant during
the divorce proceedings, state law presumes Hughes' husband to be the father of
her child born up to 300 days after her divorce. The judge refused to grant
Hughes a divorce because he was concerned there would be no father to take
financial responsibility for the child. Although many states now grant single
parents the same rights as married ones, having a child when you're in marital
limbo can be problematic.
One Final Note
Putting aside strong
emotions in favor of cooperating with your spouse and managing the thornier
issues of your separation with a calm and level head will definitely pay off in
the long run. Both of you will make wiser decisions and come out of the process
with fewer bruises. After the agreements are ironed out and the papers are signed,
if you still feel the need to express yourself, you can always sit down to dish
up the dirt in your tell-all memoir.