Family law proceedings are stressful, complicated, and emotionally draining.
Whether it’s a divorce, a child custody battle, or a sensitive family matter, you should know the common mistakes people often make to avoid pitfalls that could sabotage your case.
Here, we’ll explore 5 common mistakes to avoid in family law proceedings to give you a better understanding of how to approach your case with confidence.
Let’s get to it.
Mistake #1. Representing Yourself
Representing yourself in a family law case may seem like a cost-effective measure. Still, without the guidance of an experienced attorney, you’ll miss critical details or make mistakes that compromise your case.
Family law is a specialised field, and an experienced attorney deeply understands the complexities of these types of cases. They can help you understand the legal process, give you realistic expectations, and guide you through the emotional challenges that arise.
Mistake #2. Allowing Emotions to Rule the Process
Navigating a divorce case or a child custody battle causes strong emotions and feelings, including anger, sadness, fear, and uncertainty. Similarly, these cases can involve conflicts, which exacerbate stress, leading to prolonged emotional strain.
However, allowing these emotions to take control leads to irrational decisions and clouded judgement, making it difficult to negotiate with the other party. This can prolong legal battles, increase costs, and result in unfavourable outcomes.
On the other hand, if you can manage your emotions and remain focused on the legal issues at hand, you may reach a favourable solution. Your attorney will help you develop a clear strategy and approach for negotiating with the other party more effectively to get a fair settlement.
Mistakes #3. Neglecting the Child’s Best Interests
When parents go through a divorce, it can be challenging to put their own feelings and interests aside and focus on what’s best for their children.
For example, let’s say a couple is going through a divorce, and they have two children. The father wants full custody because he believes the mother isn’t fit to care for their kids. On the other hand, the mother wants joint custody but isn’t willing to agree to any shared parenting time. In this case, neither parent is prioritising the children’s best interests. If they were to go to court, the judge would likely order a custody arrangement that doesn’t favour the kids.
Mistake #4. Failing to Disclose Assets and Liabilities
When going through a divorce or separation, both parties should disclose all assets and liabilities so the court can divide them fairly. Failing to do so results in severe consequences or financial penalties.
For example, let’s say a couple is going through a divorce, and the husband fails to disclose a significant asset, such as a valuable piece of property. If the wife later finds out about this asset, she can file a motion with the court to reopen the case, which is costly and time-consuming.
Mistake #5. Disobeying Court Orders
When a judge issues a court order, such as mandatory spousal support, both parties must adhere to it, as failure can result in serious legal consequences.
Likewise, disobeying court orders negatively impacts your family law case and can harm your credibility and reputation in a court of law.
Avoiding Family Law Pitfalls
Take the time to learn from others’ mistakes and use that knowledge to your advantage. With some preparation and determination, you can come out of your family law proceedings stronger than ever. Make an effort to protect your rights and those of your children today.