7 Common Mistakes with Filing for Divorce and How to Avoid Them


Are you currently considering filing for divorce? It’s no secret that the process can be overwhelming and emotionally taxing. However, with the right preparation and guidance, it doesn’t have to be a nightmare.

In fact, by avoiding common mistakes, you can make the divorce process much smoother and more manageable. That’s where this guide comes in.

We’ll walk you through seven of the most common mistakes with filing for divorce and provide actionable tips to avoid them. Keep reading to discover how to navigate it all easily and confidently.

1. Not Considering Alternative Dispute Resolution


Many people think that going to court is the only way to settle divorce issues. But other ways to settle disagreements, like mediation or a collaborative divorce, can be cheaper and less stressful. During mediation, a neutral third party works with the divorcing couple to agree on how to divide property, who gets custody of the kids, and who pays for what.

In a collaborative divorce, each partner works with their lawyer and other experts, like financial advisors or therapists, to reach an agreement outside of court. Alternative ways to settle disagreements have many advantages.

One reason is that they often cost less than traditional divorce courts. Legal, expert, and court fees can quickly add up when you go to court. Most of the time, mediation and collaborative divorce are less expensive than going to court and filing a lot of legal paperwork.

2. Not Being Prepared

Getting ready is one of the most important steps in getting a divorce. People often need to gather and organize all the necessary documents and information correctly.

You need to get your financial and personal documents together and put them to avoid delays, confusion, and higher legal fees. You might have to give these papers to your lawyer or the court, and if you don’t do it on time, you could face sanctions or other penalties.

To get a divorce, you need to plan and prepare carefully. You should gather all your financial documents, like bank statements, tax returns, and retirement account statements. You should also gather any important personal documents, like marriage certificates or prenuptial agreements.

This can take a long time and be hard, but it’s important to make sure you have all the information you need to make decisions about your divorce that are well-informed.

3. Making Decisions Based on Emotions

When filing for divorce, one of the most important things to remember is to keep a level head and make decisions based on what’s best for you and your family, not anger, sadness, or revenge. During a divorce, it’s normal to feel a lot, but letting your feelings get in the way of your decisions can cost you a lot of money and be hard to fix.

For example, if you decide on child custody based only on how angry you are with your spouse, you may end up with a plan that isn’t good for your kids or you in the long run. In the same way, if you make money decisions out of a desire for revenge, you may end up with a settlement you can’t afford.

To avoid making decisions based on your feelings, you should take a step back and look at the situation from a neutral point of view. This could mean talking to an experienced divorce lawyer or a therapist who can help and guide you.

4. Failing To Communicate With Your Spouse

One common mistake is to rely solely on your attorney to communicate with your spouse. While your attorney can provide guidance and support, they are not a substitute for direct communication with your spouse. You and your spouse may be able to work out some issues on your own or with the help of a mediator or collaborative divorce professional.

Communication is key during the divorce process. Even if you and your spouse are not on good terms, it’s important to keep the lines of communication open. Failing to do so can lead to misunderstandings, delays, and increased legal fees.

5. Not Seeking Legal Advice

One common mistake is to rely on advice from friends or family members who may not have the legal expertise or experience to provide accurate or helpful advice. While well-meaning, their advice may be based on their own personal experiences or biases and may not apply to your unique situation.

An experienced divorce attorney can provide guidance and support throughout the divorce process and can help you navigate the complex legal system. They can explain your legal rights and responsibilities and can help you make informed decisions about issues such as property division, child custody, and spousal support.

6. Hiding Assets

Filing for divorce requires complete transparency and honesty regarding your finances. Unfortunately, hiding assets during divorce proceedings is a common mistake that can have serious legal consequences.

It’s important to be transparent about your assets and liabilities and to provide accurate financial information to your attorney and the court. Hiding assets, whether intentionally or unintentionally, can result in legal penalties such as fines or even criminal charges.

7. Rushing the Process

Divorce is a major life change that can have long-term financial and emotional implications. Rushing through the process can lead to mistakes or oversights that may be difficult or impossible to undo later on.

One mistake that people make when rushing the divorce process is to make hasty decisions regarding child custody or visitation. These decisions can have a significant impact on your children and your relationship with them. It’s important to take the time to consider all options and to work towards a solution that is in the best interests of your children, with the guidance of an experienced custody lawyer who can provide legal advice and representation.

Taking the time to carefully review settlement offers, consider options regarding child custody or visitation, and plan for your long-term financial needs can help you make informed decisions and achieve the best possible outcome.

Plan Ahead and Avoid Mistakes With Filing for Divorce

Filing for a divorce involves complex procedures and state divorce laws. It is important to be mindful of any common mistakes with filing for divorce. Researching your rights and getting legal advice will ensure the process is done correctly and efficiently. Reach out to a divorce attorney to ensure you fully understand the process and avoid costly mistakes.