woman taking off her wedding ring

Top Mistakes that Couples Make During Divorce

By Michael DiFalco
Partner

The terms of a divorce have a lifelong impact on central matters like financial comfort and child custody. Even in the short term, divorce can lead to significantly greater costs and stress than it needs to. 

If you’re planning to go through with a divorce, it’s essential to know the top divorce mistakes couples make during the divorce process as well as how to avoid falling into these common pitfalls. 

The Most Common Divorce Mistakes

These top divorce mistakes are common for a reason. Most often, couples who make these mistakes either attempt to navigate divorce with no lawyer or hire a lawyer who lacks experience or dedication. 

You should always hire a divorce attorney, even when a divorce is amicable. Taking the time to consult reviews and ask about results helps ensure you choose a divorce attorney with the track record you want. 

1. Failing to Protect Your Finances

Handling your finances with care during a divorce is of the utmost importance, as a failure to attend to all financial matters can bring unanticipated long-term consequences. 

Tips to ensure your bases are covered when it comes to addressing your finances include: 

  • Open separate bank accounts before filing for divorce
  • Apply for a credit card in case assets are frozen during divorce proceedings
  • Take inventory of accounts, investments, stocks, bonds, and other assets
  • List all debt by type and holder
  • Collect financial documentation
  • Document expenses and payment responsibilities

There’s a lot to consider regarding finances in a divorce. Unfortunately, oversights can leave you in serious trouble. For example, forgetting about investments can make it look like you’re intentionally hiding them from your spouse, which can leave you in trouble with the judge. 

Choose a lawyer who takes finances seriously. Make sure nothing is left out when it comes to planning and budgeting for a divorce. 

2. Treating Your Spouse Poorly

How you interact with your spouse before and during a divorce can have a direct bearing on your finances and custody agreement. 

Divorce can lead to heated emotions, and it can be easy to forget that everything you say, do, and write can be used against you. 

As soon as you suspect that a divorce is on the horizon, aim to keep communication courteous. Text, emails, phone calls, and security camera footage can be used against you in court by your spouse. 

This warning also extends to social media posts and any online activity. Your spouse can use your words to try to prove you’re an unfit parent or that your intentions regarding asset division are different than they truly are. 

3. Fighting for Specific Outcomes

Another of the most common divorce mistakes is refusing to compromise when it comes to the desired outcome of a divorce agreement. 

One of the most common — and devastating — mistakes lawyers see clients make is fighting for a specific outcome, regardless of the cost. 

Fighting to keep the family home is often one of the biggest mistakes a divorcing spouse makes. The home often holds emotional value, and keeping the home may seem like a victory when it comes to the division of assets. 

However, a spouse may fight for the home without realizing that they will struggle to keep up with payments, maintenance costs, and other expenses. Often, the party keeping the home may waive valuable retirement or other assets. 

Before you fight for an outcome like a specific asset or custody arrangement, take the time to consider the reality of your post-divorce life and whether the outcome you want will be a sustainable one. 

Consult a New York Divorce Attorney Today

If you are looking for a divorce lawyer in Garden City, NY, Aiello & DiFalco has the skills you want to protect your financial future. 

Call Aiello & DiFalco today to schedule a consultation with an experienced New York divorce attorney.

About the Author
I am a partner at Aiello & DiFalco LLP, and my priority for my clients is to guide them through an arduous court case to provide them with the opportunity to write the next chapter in their life. I tailor my approach to each client’s priorities and positions, and to the extent that matters can be predicted, I will always provide a realistic perspective of how the law could be applied to the particular facts and circumstances of a case. Since I thrive on helping people and solving problems, I bring an optimistic and positive approach to practicing in a very difficult area of law. With more than a decade of experience handling hundreds of cases, I have the ability to get results on the issues my clients view as priorities. When cases or certain issues cannot be settled, I have a solid record of success at trials, hearings, and on appeals. Feel free to contact me for a free initial consultation, I am always available to help.