Divorce Mistakes to Avoid | Evans Family Law Group

If you are facing a divorce, you can do some things to ensure that everything goes as smoothly and quickly as possible. Finding an Austin divorce lawyer is the best way to ensure a smooth process, but even once you have a lawyer, avoiding some common mistakes will protect you and your interests.

Common Divorce Mistakes and How to Avoid Them

Assuming a Spouse Will Stay Agreeable

Sometimes, a couple both want to get out of a marriage and agree to an amicable divorce at the outset. Because of this, you may think you don’t need a lawyer at all. The unfortunate truth is that things can turn very ugly, very quickly as the process goes along.

You may find the two of you actually don’t agree on something you assumed you agreed upon, or your spouse may wake up one day and decide they care a lot more about an issue than they previously did. It’s easy to get hurt in this situation: get a lawyer right away to ensure you’re protected from the outset.

Treating the House Like It’s Everything

The family home is valuable, of course, but it also has enormous emotional value that transcends its actual financial value. It’s not uncommon for people involved in a divorce to surrender much more valuable assets because they’re so determined to keep the house. In a worst-case scenario, they even lose the house later because they can’t afford mortgage payments or taxes without other assets to help them.

Not all assets are the same. Some are much more liquid than others, and while you do need a place to live, you also have to be able to pay for groceries and medical bills. In some cases, it may be better to surrender the house in order to come out stronger with other assets. Talk to your lawyer frankly about this, and be open to your lawyer’s experience in this area. Remember that your lawyer is on your side, and one of your lawyer’s jobs is to help you stay focused on your own long-term best interests.

Not Planning for Changes

You may know this in your head, but it can be hard to grasp the reality until you’re going through it: it’s typically cheaper for two people to live together than separately. Even if your income is the same, once the two of you split, your expenses will go up.

As you calculate for your future, remember that you can’t just use today’s numbers. The thing to do is to start, now, writing down everything you spend, accounting for every dollar, so that in two or three months’ time you have a very clear picture of your actual monthly budget and can properly plan for how expenses are going to change.

Important information about How Much Does a Divorce Cost?

Not Demanding All Financial Paperwork

You need copies of every financial document you and your spouse have. Do not assume that your spouse can be trusted to hold on to any document alone, and don’t force them to assume that about you, either. Make sure that both you and your spouse have copies of everything.

If you believe your spouse is contemplating divorce, or if you are thinking about it but haven’t announced it yet, you need to protect yourself by gathering financial documents right away. Your lawyer will be able to tell you just how often they’ve seen one spouse try to sell off assets before the couple can file for divorce. If you have any suspicions, talk to your lawyer right away so that things can get locked down.

You will want to make sure that you have, at the least:

Records of all bank accounts
Credit reports
Stock option paperwork
Investment records
Business records
Income tax filings
W-2s and 1099s
Credit card statements
Insurance account information
Deeds and titles to real estate and vehicles

Please read: Can a Divorce Be Canceled After Filing?

Holding On to Unreasonable Expectations

Most divorcing couples don’t really know what the process is like, so it won’t be strange if one of you, or both, have some unrealistic expectations about the process or the outcome. The only issue comes if you can’t let go of these unreasonable expectations. Another important role that your lawyer plays in all of this is to help you understand how things are most likely to go and what to expect. Listen to your lawyer, knowing that they have the legal knowledge and the family law experience to give you good advice.

One thing that divorcing couples sometimes have unrealistic expectations about is the speed with which a divorce can be finished. Divorce is a legal process, and there is a waiting period imposed by the state. There’s only so much that can be done to speed the process along, and particularly if one of the spouses is combative. It’s also important to remember that, when it comes to child support and custody, Texas is only concerned about the best interest of the child. This consideration trumps the needs or concerns of either parent.

The courts are also going to attempt to make an equitable division of property, not an equal one, and they will take into account many factors as they do this, including the length of the marriage, contributions that both partners made (both tangible and intangible), current needs and finances, and the best interests of the children.

Not Calculating for Taxes

Adding insult to injury in a divorce is the reality that dividing certain assets can sometimes involve huge tax hits. For example, if you have to cash out a retirement fund in order to split it, you are likely to both see an enormous tax bill the next year. There are a lot of complicated issues involved here, so be sure to lean on your lawyer and proactively ask how you can protect yourself here.

A family lawyer in Austin will be able to help you look at the long-term implications of all your financial decisions and connect you with financial experts who can help you in planning.

Speaking Badly of Your Spouse in Public

It’s only natural for both parties in a divorce to feel grieved and emotional, and it’s also natural to want to vent about a spouse who is causing difficulty. But it’s a big mistake to do this in public. If you badmouth your spouse on social media or in front of mutual friends, and word gets back to your spouse, not only might this cause them to dig in their heels to fight against you, but it could also give them ammunition to use against you in your court battle.

Be especially careful not to badmouth the other parent in front of your children. This can jeopardize custody issues as well as increase tension between you and your spouse.

Important information about How to Prepare for Divorce Mediation

Not Getting an Austin Divorce Lawyer

It’s going to be difficult to avoid making a mistake if you try to approach a divorce on your own. If your spouse gets a lawyer, and you don’t have one, or even if your spouse is simply a better negotiator than you are or has more power in the relationship, you could really lose a lot.

Even if none of those things are an issue, it’s very hard not to make emotional decisions in the moment that you may come to regret later, and a lawyer will protect you as someone who is on your side but who can also retain objectivity.

To get experienced family law help, contact the Evans Family Law Group in Austin, TX today for a free consultation.

James Evans

James W. Evans is a board-certified family law attorney and the founder of Evans Family Law Group. With over 25 years of experience, he has built a reputation as a trusted advocate for Texas families navigating divorce, custody, and complex family law matters.
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I had a great experience working with Jimmy Evans on my divorce case. He provided excellent counsel and always focused on getting me the best results. He was accommodating and made sure I understood each step of the process. His paralegal, Dina, was also wonderful! She kept communication clear and timely, and I could always count on her for quick updates and answers.

The firm as a whole was efficient, professional, and supportive, which made a difficult process much easier to navigate. I highly recommend Jimmy Evans and his team.

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I’m incredibly thankful for the Evans Family Law Group, especially Jimmy Evans and his paralegal, Ashley, for the guidance, support, and compassion they showed me during one of the most stressful and emotionally draining times in my life. From the very beginning, they were responsive, patient, and truly made me feel like I wasn’t alone in the process.

Ashley was amazing to work with. She’s incredibly organized, always on top of every detail, and consistently kept me in the loop about what was going on. Anytime I had a question or concern (and I had a lot!), she was quick to respond and always made sure I understood exactly what was happening. Her calm and professional demeanor gave me a lot of peace of mind during a time when everything felt uncertain.

Michelle I.

Jimmy is arguably one of the best family lawyers in Austin. Cares about his clients and has the track record of recognition to back it up. Rare to find a divorce attorney in Austin with such positive reviews and that should tell you all you need to know! Divorce and custody battles are difficult, hire the right attorney first and get your desired result. If you want what is best for your family, you should hire the best lawyer you can. Jimmy and his team are the answer!

Chase S.

Austin

Are you facing the prospect of a divorce in Austin and unsure where to turn for guidance? Handling the challenges of divorce can be difficult, especially when it involves issues like child custody, property division, and spousal support. Our Austin divorce lawyers are committed to helping you find effective solutions that protect your interests and provide peace of mind during this pivotal time. For personalized legal assistance with your divorce, reach out to Evans Family Law Group today.

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