Divorce is stressful, emotional, and often financially overwhelming. Unfortunately, many people make decisions early in the process that can seriously affect their finances, parenting rights, or long-term stability. Straight from our divorce attorneys, here are six of the most common mistakes people make during a divorce with recommendations on how to avoid them.
1. Taking Advice from Friends Instead of Professionals
Every divorce is different. What happened in your friend’s case may have nothing to do with your situation. Relying on generalized advice can lead to costly mistakes. Do not compare your case to anyone else’s.
2. Using Angry Text Messages or Social Media Posts
Judges regularly see screenshots of texts, emails, and social media activity during divorce proceedings. Posts made in frustration can damage credibility and negatively affect parenting disputes or settlement negotiations. My favorite type of evidence is text message and social media posts. Even texts/posts to people not involved in your matter can become a piece of evidence. Do not put anything in writing that you do not want the judge to see.
3. Hiding Financial Information
Some people believe they can protect assets by moving money or failing to disclose accounts. This almost always creates larger legal and financial problems later. Courts expect complete financial disclosure during divorce proceedings. You can be severely penalized if you do not disclose an asset or try to transfer an asset while your divorce is pending.
4. Failing to Understand Property Division
RSA 458-16 provides for an equitable distribution of the marital estate. Equitable is presumed a 50/50 division. There are several factors that the Court will consider when not issuing a 50/50 division of assets. I like to tell people the starting point is 50/50 but that does not mean what will happen. Carefully review the statute with your attorney.
5. Putting Children in the Middle
Children should never be asked to take sides or carry messages between parents. Courts strongly favor parents who encourage healthy co-parenting relationships and minimize conflict. Children deserve to be children and should not be involved in the divorce.
6. Waiting Too Long to Speak with a Divorce Attorney
Many people wait until problems escalate before seeking legal guidance. Speaking with an attorney early can help you understand your rights, avoid preventable mistakes, and make informed decisions from the beginning.
Conclusion
A divorce can affect nearly every part of your life including but not limited to your finances, your family, your future, and your relationships. Getting reliable information early can make the process more manageable and help you avoid unnecessary setbacks.
If you are considering divorce in New Hampshire and have questions about your situation, speaking with an experienced divorce attorney can help you understand your options. Contact us, and our legal team will help guide you through the divorce process and steer clear of these six mistakes.
Written by Attorney Lyndsay Robinson
