3 Mistakes That Can Quickly Tank Your Divorce Case
Sincerity is a key ingredient in every successful marriage, but divorce is, primarily, a legal and financial matter. Whether you and your spouse are committed to treating each other as friends and family members during or after your divorce or whether you are mortal enemies and have been such since shortly after your wedding, your goal in divorce court should be professionalism. Too many people fall for the temptation to fight to the finish and leave their ex-spouses penniless, or to avoid causing hurt feelings at all costs, even if that means impoverishing themselves. These are three common mistakes that prevent people from getting the outcomes they want in their divorce cases. A Boca Raton divorce lawyer can help you avoid sabotaging your own divorce case.
Not Telling the Court the Truth About Your Finances
Even the simplest divorce cases require both spouses to submit financial affidavits. In a financial affidavit, you must list all your joint and separate assets and debts. This means that, if one spouse has been hiding assets or debts from the other, all must be revealed before the court can dissolve the marriage. If you do not tell the whole truth on your financial affidavits, you could face criminal charges for perjury. Even worse, your lawyer will withdraw from your case and refuse to represent you in your divorce.
Selective Compliance With Court Orders
Florida follows the rule of equitable distribution, which means that it decides on a case-by-case basis the fairest way to divide the couple’s marital assets and debts. The law gives judges discretion to decide the fairest division of property, meaning that the judgment is subjective, and there is a chance that one or both spouses will be dissatisfied with the outcome. Court orders are legally binding, however, and the court can hold you in contempt for disobeying a court order. For example, if the court awards possession of the china cabinet in the marital home to your ex-spouse, you can’t decide to keep it just because you want to. If you refuse to deliver it to your ex’s new house, or if you aren’t home at the appointed time when your ex arrives with a U-Haul truck, you are disobeying a court order. If you disagree with a court order, you can petition the court to modify it, but you must obey it to whatever extent possible while it is in effect.
Involving Third Parties in Your Drama
As difficult as this may be, be careful about what you say during your divorce and who you say it to. Privately confiding in friends and adult family members about your feelings about your divorce case and your ex-spouse is fine. Saying bad things about your ex in front of your children will make the court less likely to award you the parenting time you are seeking. Posting angry rants about your ex on social media, harassing your ex, and calling the police about non-emergencies also make you look bad in the eyes of the court.
Contact Schwartz | White About Avoiding Preventable Complications in Your Divorce Case
A South Florida family law attorney can help you finalize your divorce in ways that anger, pride, and greed cannot. Contact Schwartz | White in Boca Raton, Florida about your case.