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What Common Divorce Mistakes Should I Avoid in NY? │ Heidi Opinsky Law

Reduce Conflict During Your Divorce by Avoiding These Common Mistakes

Terminating a marriage permanently can get messy. Research shows that divorce can lead to both ex-partners developing serious psychological conditions such as depression. (1) Since both parties are going through intense emotions, it can be hard to think straight and remain calm during the divorce process. If you’re getting a divorce, you should get the assistance of legal counsel. A lawyer will be able to look at your case from an objective perspective and offer educated advice to minimize any chances of conflict arising.

Let’s take a look at the top mistakes you should avoid during a divorce.

Cruel Behavior

Once a divorce is filed, you have to keep in mind that everything you say and do can be used against you. This means you need to refrain from any sort of vindictive behavior. You should not speak ill of your ex-partner to your children, you should not make phone calls to their workplace or spread rumors about them, and you should refrain from being difficult to work with in general.

If you have a long list of small complaints regarding the other party, this will likely annoy the judge significantly. This behavior will also make it look like you do not have good character and can make it harder for you to get a ruling that is in your favor. The more stable and compliant a person is able to present themselves as the better everything will work out for them.

Illegal Action

Needless to say, illegal actions should always be avoided. However, extra care should be taken during the court process to never do anything that crosses the law.

Common illegal actions that need to be avoided after a divorce include:

  • Lying in court
  • Stalking your spouse
  • Domestic violence
  • Withholding child support
  • Withholding spousal support
  • Denying court-ordered visitation  

Doing any of the above reduces your credibility and can significantly affect the final decision of the judge.

Failing to Keep Records

While being married, you should make sure you have clear records of the family finances. Understanding the finances beforehand and having the required documents to support your claims will make dividing assets fairly a lot easier. Aside from keeping records of finances, records of financial, physical, and emotional abuse should also be kept safe as they will likely be required to prove your suffering.

When matters are taken to court, you will require evidence for all your claims, and the more records you have, the better. It is important to note that any fabricated evidence or false claims will significantly damage your case once the judge finds out you were lying.

Using Social Media

Another serious yet common mistake during the divorce process is the persistent usage of social media. It may seem like a good way to vent and get revenge at the time, but any vindictive posts can be used as evidence against your character.

Anything you post can be twisted and used to prove the points of your ex-partner, so it is best to refrain from posting anything during this emotionally turbulent time.

Isolating the Other Parent

When parents start using their children as pawns in their quest for revenge, the court looks at this very unfavorably. You are not allowed to withhold visitation rights or even talk ill about the other parent in front of the children.

Connect With a Divorce Attorney in CT Today

It can be easy to get carried away with your emotions during this stressful life transition. However, you should try and maintain your cool as this will work in your favor during the divorce. Connect with an experienced family lawyer, Heidi Opinsky, at the Law Offices of Heidi Opinsky, LLC, today to get proper legal advice regarding your divorce.

Visit our website to send us a message or call 203-653-3542 now and we will get back to you as soon as possible

References:

1.https://www150.statcan.gc.ca/n1/pub/82-003-x/2006005/article/marital-conjugal/4060665-eng.htm