5 Things That Can Hurt Your Divorce Proceedings
No matter what the situation is with marriage, divorce is never easy. In even the most amicable of cases, in which both parties are looking to end the marriage off on good terms, there is often some type of discord, whether it be over assets, custody, or post-marital support and payments. But in most divorces, there is often a lot of tension between husband and wife, as their marriage is coming to an end. In these instances, many men and women are known to make poor, irreparable choices, that have terrible consequences on not just the outcome of the divorce, but the remainder of their lives as well.
The most important thing to do when seeking a divorce is to hire an experienced attorney, like Steven Veinger, Esq. the best family lawyer Miami has to offer, and let this person deal with the majority of negotiations and engage in as little arguing or harsh conversation as possible. When you are married to someone, they are the closest person in the world to you, meaning they know the most intimate details of your life, financial, emotional, physical, and otherwise. Having these intimate details, especially when an individual feel hurt, they will often stop at nothing to use them against you, to harm you in some way.
To best avoid this, there are a few important things to avoid during any divorce, especially during the actual time of the proceedings.
- Avoid Pregnancy
While it might seem odd, or even off-color to mention, this has become an issue in countless divorces over the years, and only complicated the matter – for both men and women. In some instances, it can even lead courts to no longer grant your divorce, whether the baby is your spouses or not. For instance, in a recent case in Washington, judges have disallowed a pregnant woman from divorcing her abusive husband, even though she had become pregnant from her boyfriend and she and her husband had been estranged for close to a year. The courts must, by law assume the child to be the husband’s, and at the time, the state of Washington did not grant the same rights to single parents as they did to married ones. The judge feared the child would not have the financial support of the father if a divorce was granted, and the woman was forced to stay with her abuser. Even with the help of the best family lawyer Miami attorney, Steven Veinger, it is likely that the unborn child will complicate any set payment structure, and the divorce would be, at the very least, pushed back until after the child was born.
- Wills &Trusts
One of the most important things to do during a divorce is to have any wills or trusts amended, as a divorce does not automatically revoke the prior will, and in the event you pass, before having a chance to alter it, your former spouse will receive whatever is written in the document. It could also create certain loopholes, as this person is no longer your spouse, and may lead to an arbitrator taking control of your will once you pass because of the confusing language.
- Don’t Refuse an Attempt at Mediation
If the other side suggests mediation rather than full-fledged court, this is a very good thing, and most likely you can still have an attorney like Mr. Veinger, the best family lawyer Miami has in practice, to be there to assist you through it. Mediation is much better for you, your former spouse and any children that may be involved. It is also a much cooler situation and environment, where there is far less pressure put on either party. In some cases, during a court divorce, you may feel you want a judgement but when it is actually handed down, it may actually hurt you financially or hurt the relationship you have with your children. With mediation, there is more flexibility and a mediator is there to help you reach a mutually beneficial agreement.
- Don’t Ignore Taxes& Fees
In many instances, one party feels they want the marital home in the event of a divorce, or maybe another piece of property or an expensive vehicle, but this may not always be the sound financial choice. Every item you obtain during a during settlement is subject to taxation, and because you are now single, you are no longer privy to the same tax shelters that those who are married are. Many men and women have been put into crippling debt, despite “coming out on top” during their divorce. This is why it’s important to have the best family lawyer Miami attorney, Steven Veinger, will be able to help you better understand all the implications of your actions, financial and legal.
- Don’t Settle
During a divorce, especially one that has grown to be nasty and highly combative, it is important not to settle early and feel like you are being forced into an agreement you are not 100% happy with. This is why many choose to have their family lawyer do the heavy lifting of negotiations and play the background. An attorney is trained in this, and basically argues on a daily basis – they have the stomach for this type of discord, whereas many do not. While this is normal, and perfectly fine, settling early and “bowing out” of a nasty divorce will only hurt you financially and emotionally. Another reason not to settle early is simply because you cannot stand to be married to the other person, often times, parties will try to annoy each other into taking a worse deal, just because it will end the marriage quickly. Huge mistake. Especially if the deal isn’t to your benefit as well. Only when the deal is to both your liking and you have the agreement of your lawyer should you accept it.
Divorces are tricky in any instance, don’t make them worse for yourself. For more information on divorce and other family law issues, or to schedule a consultation, be sure to contact Mr. Veinger and his team today.