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Common Divorce Mistakes to Avoid

Even in the best of situations, going through a divorce or separation is never easy, and the process can be both challenging and stressful. 

The following are some commonly made mistakes to avoid when :

Making Big Decisions Before Consulting A Lawyer

It is crucial that you consult with your divorce lawyer before making any major decisions, and ideally, before you begin any settlement discussions with your spouse.  Sometimes separating spouses just want to get the matter “over with”, which can lead to rushed decisions, and regretting the outcome.

Making A Separation Agreement On Your Own

Completing a separation agreement on your own by downloading a template online, or using your friend’s old Agreement may be tempting.  After all, you are already concerned with the financial implications of the separation, and you are looking for the most cost-effective way to do this. 

The problem is, often, a “do-it-yourself” agreement can cost you more in the end.  For example, you may have inadvertently given up some of your rights, or perhaps the Agreement gets challenged in the future as not being binding, resulting in you have to hire a lawyer to defend the agreement in court, which can be significantly more costly than hiring a lawyer to do it right the first time. 

Involving Your Children In Parental Conflicts

It is always best to leave children out of your own conflicts.  Although emotions may be high, and you may feel justified in saying something negative about your partner in front of the children, studies show that exposure to parental conflict during a separation can result in long-term emotional damage to children. 

Children’s best interests must be prioritized at all times. 

Asking Family And Friends For Legal Advice

Unless the person you are asking is a divorce lawyer, it is best not to rely on their information because every situation is unique and it cannot be assumed that every divorce is the same. Inaccurate information will cause you to have unrealistic expectations, so rely on your family and friends for emotional support instead of legal advice.

Leaving Your Matrimonial Home

Unless you or your children are at risk of harm and there is an immediate need to leave, always consult with your lawyer if you want to vacate your matrimonial home because doing this can have significant implications for a number of issues related to your case.  For example, a physical separation can impact when support kicks in, who is responsible for expenses related to the home, and the parenting arrangement, if a new “status quo” is created. 

Making Decisions Based On Your Emotions

Going through a divorce can be very emotional but it is very important that you do not let your emotions rule your actions. Letting your ego get in the way will affect the negotiation process negatively, so always try to think of the circumstances from a third-party’s point of view.  Not letting emotions “get in the way” is of course easier said than done during such a difficult time, but speak to your lawyer about the best ways to address issues with your spouse that trigger an emotional response.

The divorce lawyers at Lloyd & Kemper Family Lawyers LLP understand how difficult and overwhelming the process of a divorce can be. We will guide you through the process and will ensure you have the right information, so if you are looking for a reputable family lawyer in the Whitby or Oshawa areas, give us a call today!

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