Common Mistakes Parents Make in a Divorce Proceeding
Going through a divorce can be a very daunting and stressful process. Because emotions can typically run high, it can be very easy for people to make mistakes. The following is a brief list of common mistakes that can be made in a divorce, and how these mistakes should be avoided.
Mistake #1: Making the Situation Harder for the Other Person
A great deal of divorces involves high and negative tensions between the parties involved. Many people can resort to spiteful acts against one another because they usually blame one another for the failed marriage. Unnecessary arguing, however, can be very costly. More importantly, there are laws that can punish a party for unreasonable acts during the proceeding.
Mistake #2: Not Accounting for Income and Expenses
When going through a divorce, it is important to make a budget. With a split in both the household income, and a possible increase of expenses, finances can quickly become tight. This could be made worse by a party not willingly paying child or spousal support, or helping with shared/community expenses. Before long a tight financial situation can not only jeopardize current living situations, it can do irreversible damage on credit scores, and future ability to become financially independent. This is another reason consulting a family law attorney early is important.
Because an income can be stretched thin, it is important to understand what legal obligations will be necessary in the wake of a proceeding. Making a budget can help to organize finances and will also help to minimize stressors.
Mistake #3: Failing to Make Children a Priority
Some parents will fail to make children a priority, especially when there is turmoil among the spouses. Although maintaining a peaceful relationship is good, being supportive of any arrangement simply for the sake of avoiding a dispute may not be in the best interests of the children involved. Every child will thrive when both parents are involved in his or her upbringing. Regular and frequent contact can help to upkeep the relationship between parent and the child. It is vital for parents to not surrender their rights and try to maintain at least equal time with the child.
Mistake #4: Utilizing the Kids as Leverage
Many parents will resort to using the kids as leverage for child support. Doing this will usually entail expensive and lengthy court battles that will provide the parent with more custody or visitation rights, which can help to decrease child support payments. Parents should not solely focus on the expenses without considering valuing the time they will be permitted to spend with their children. A lack of consideration could lead to a court’s belief that the parent does not care about the child and the opposite order from what was desired.
Mistake #5: Failure to Pay Child Support
The failure to pay child support can happen for numerous reasons. While some parents will simply choose to stop paying, others are unable to do so because of the lack of income. A parent who is no longer able to make child support payments should immediately request a modification. Failing to pay child support can otherwise render unnecessary fees and other penalties.
Speak to a Skilled Family Law Attorney
A divorce is a difficult process for many families, especially when minor children are involved. As a result of the stressful event, many parents can easily be lead to make mistakes because of their emotions. Sadly, any decisions made during this process can be long lasting. It is important for a parent to consider seeking legal advice from an attorney who has experience in divorce cases to help in determining the best decision for the specific situation.
The attorneys at Milligan, Beswick, Levine & Knox LLP are highly skilled with divorce cases. The firm is dedicated to the preservation of parents’ rights and will strive to defend those rights in a court of law
Stephen Levine, is a Board Certified Specialist in Criminal Defense — an honor achieved by only the top criminal law attorneys in California. Mr. Levine has over 40 years of experience in criminal defense and family law serving Southern California, and is a highly regarded Super Lawyer as well as AV Rated attorney.