Common Divorce Pitfalls: What to Watch For and How to Protect Yourself

At Widerman Malek, our team has helped numerous clients manage the complexities of divorce in Florida. Through our experience, we have identified common pitfalls that can impact your divorce outcome. Understanding these challenges in advance can help you make better decisions during this difficult time.

1. Making Emotional Financial Decisions

Divorce often stirs up intense emotions, i.e. anger, sadness, fear, and resentment. While these feelings are natural and valid, allowing them to drive financial decisions can have lasting consequences. Many individuals make impulsive choices during emotional moments that significantly impact their financial future. Understanding how to separate emotions from financial decisions is crucial for protecting your long-term interests.

Common Mistakes:

• Emptying joint accounts impulsively
• Making large purchases out of spite
• Selling assets at a loss to avoid sharing them
• Refusing to negotiate because of anger
• Not taking pictures and videos of the interior/exterior of the home before moving out
• Arguing and or making threats with/to your soon to be ex-spouse via text/email/message app.
• Removing the other spouse from any type of insurance policy (life, auto, medical, etc…)

How to Protect Yourself:

• Consult with your attorney before making any significant financial moves
• Document all account balances and transactions
• Keep records of all financial communications
• Create a separate account for post-separation earnings (with legal guidance)

2. Mishandling Social Media

In today’s digital age, social media has become a significant factor in divorce proceedings. What might seem like harmless venting or sharing can be used as evidence in court. Many people underestimate how their online presence can affect their divorce case and potentially impact custody arrangements or financial settlements.

Common Mistakes:

• Posting about your former spouse
• Sharing details about your divorce online
• Documenting new relationships or purchases
• Writing about court proceedings on social media

Protection Strategies:

• Consider temporary deactivation of social media accounts
• Review and adjust all privacy settings
• Request friends to avoid tagging you in posts
• Save screenshots of concerning posts by your spouse
• Treat all written communications and social media posts about your divorce as if it will be read in Court one day, as it likely will.

3. Children-Related Missteps

When children are involved in divorce, emotions run especially high. Parents often unintentionally place their children in difficult positions or make decisions that complicate custody arrangements. The courts in Florida prioritize the best interests of children, and actions that appear to disregard these interests can significantly impact your case.

Common Mistakes:

• Speaking negatively about your former spouse to the children
• Using children to relay messages
• Making unilateral decisions about schedules
• Introducing new romantic partners prematurely
• Isolating/alienating the children from the other spouse

Better Approaches:

• Use a co-parenting communication application
• Keep detailed records of all parenting time
• Document all child-related expenses
• Maintain existing routines for children

4. Financial Oversights

Many individuals enter divorce proceedings without a complete understanding of their financial situation. This lack of knowledge can lead to unfavorable settlements and long-term financial difficulties. A comprehensive understanding of your assets, debts, and financial obligations is essential for achieving a fair settlement.

Common Mistakes:

• Misunderstanding marital versus separate/non-marital property
• Overlooking shared debt obligations
• Disregarding retirement account implications
• Failing to consider tax consequences
• Purchasing another property during the litigation without a written stipulation identifying that property as non-marital.
• Failing to provide all of the required mandatory disclosure documents to your attorney in a timely and organized manner.

Critical Steps:

• Obtain credit reports from all three bureaus
• Create a complete inventory of assets and debts
• Gather at least three years of tax returns
• Review all account statements and documentation

5. Legal Process Errors

The legal process of divorce involves numerous deadlines, requirements, and procedures. Missing these crucial elements can delay your case or result in unfavorable outcomes. Understanding and following proper legal procedures is essential for protecting your rights and interests.

Common Mistakes:

• Missing court deadlines
• Failing to respond to discovery requests
• Not reviewing documents before signing
• Inadequate mediation preparation
• Not being honest with your attorney and/or not providing your attorney ALL the information/facts regarding a claim or event.

How to Stay on Track:

• Maintain a calendar of all legal deadlines
• Keep organized files of all documents
• Respond promptly to attorney requests
• Take notes during all legal proceedings

6. Long-Term Planning Oversights

In the midst of divorce proceedings, many people focus solely on immediate concerns while overlooking long-term implications. Decisions made during divorce can have lasting effects on your financial security, retirement planning, and overall well-being. Taking time to consider future implications is crucial for making sound decisions.

Common Mistakes:

• Retaining the marital home without considering affordability or ability to refinance
• Not updating estate planning documents after the divorce is final.
• Forgetting to change beneficiary designations
• Overlooking insurance needs
• Failing to timely comply with all requirements in the Final Judgment, for example, preparation of a Qualified Domestic Relations Order for retirement property distribution. This most often occurs when the parties are not retired and/or not close to retirement.

Protection Strategies:

• Create a post-divorce budget
• Review and update all estate documents
• List all accounts requiring beneficiary changes
• Evaluate future insurance needs
• Timely comply with all requirements in the Final Judgment

7. Documentation Failures

Proper documentation serves as a crucial foundation for any divorce case. Many individuals underestimate the importance of maintaining organized, complete records. Without proper documentation, proving your case or defending your position becomes significantly more challenging.

Common Mistakes:

• Not keeping copies of important documents
• Failing to document agreements or conversations
• Losing track of shared expenses
• Not maintaining evidence of assets
• Sending financial documents to your attorney in picture format
• Failing to organize and rename financial files/statements sent to your attorney
• Failing to provide all documents requested by your attorney.
• Not reading or understanding your documents

Best Practices:

• Create a dedicated email account for divorce communications
• Keep a detailed log of all important conversations
• Save all relevant text messages and emails
• Maintain receipts for all significant expenses
• Unless the file you are sending to your attorney is an actual picture, text or screenshot, all documents should be sent in pdf or Word format.

8. Self-Care Oversights

The stress and emotional toll of divorce can impact your physical and mental well-being. Many people become so focused on legal proceedings that they neglect their own health and emotional needs. Maintaining your well-being is crucial for making sound decisions throughout the divorce process.

Common Mistakes:

• Neglecting physical health
• Isolating from support systems
• Not seeking emotional support
• Failing to maintain work-life balance
• Drunk messaging/texting/calling your soon-to-be ex-spouse. See Section 2 above Protection Strategies.
• If children are involved you are their PARENT, not their friend. Children are not a substitute for your therapist. Children are not to be used to lean on; for consolation or emotional support; and no, children do not need to know the truth about what happens in the litigation.

Self-Care Essentials:

• Maintain regular exercise and sleep schedules
• Connect with a therapist or counselor
• Join a divorce support group
• Keep a journal of your experiences

How Widerman Malek Can Help

Our experienced family law team will help you:

• Avoid these common pitfalls
• Protect your legal rights
• Make informed decisions
• Manage complex legal requirements
• Plan for your post-divorce future

Many people enter divorce proceedings with the expectation that the outcome will be “fair.” However, fairness is subjective, and the legal system’s priority is to divide assets and responsibilities according to the law, not personal definitions of justice. A realistic perspective, guided by your attorney, will help you manage expectations and focus on achieving the best possible resolution.

Divorce is a process that takes time to resolve properly. Rushing through it can result in overlooked details, unfavorable agreements, or regretful decisions. Take the time to thoroughly review all aspects of your case, and don’t hesitate to ask questions or request additional time if needed. Patience can save you significant trouble in the long run. Do not let common mistakes impact your future. Schedule a consultation with our experienced divorce attorneys to discuss your situation and develop a strategic plan for moving forward.

Attorney Jeff Smith brings a wealth of knowledge and experience in all aspects of family law, HOA/COA matters and litigation, foreclosure defense, mediations, arbitrations before the Florida Department of Business and Professional Regulation, and many other areas involving civil disputes and/or litigation.

 

This information is provided for educational purposes only and should not be considered legal advice. Each divorce situation requires individual evaluation. Contact our office to discuss your specific circumstances.