Common divorce mistakes take what can already be an emotionally draining process, and complicate the situation further. Even when both spouses agree that divorce is in their family’s best interests, the process still contains its share of trials and tribulations. More so, divorce almost always a grieving process. Notably, this grieving intensifies when the spouses display anger towards one another, or when only one spouse seeks the divorce.
Although each case is unique, the team at Bruckner Hernandez Legal Solutions witnessed several common mistakes. By avoiding these mistakes, the divorcing couple gains a greater potential of reaching their own settlement agreement.
COMMON DIVORCE MISTAKES #1: PREMATURELY PETITIONING FOR DIVORCE
First, prematurely petitioning for divorce comes up often amongst common divorce mistakes. While some believe that the process will be over with faster once the petition has been filed, this couldn’t be any further from the truth. Typically, the process won’t be as simple as the court making all of the decisions and finalizing the divorce.
For this reason, spouses gain plenty of insight when they thoroughly understand the divorce process. Not only does this better prepare them for a standard divorce, it helps to anticipate potentially contested issues. Overall, the divorce process contains its share of factors. Not only does this shed light on the emotional and financial components, it brings up the challenges of coparenting when children are involved.
While understanding spousal rights and responsibilities proves invaluable, taking into account the best interests of the children matters just as much, if not more. By thoroughly researching the marital estate (and non-marital estate when relevant) and Illinois divorce process, both spouses better tackle the challenges ahead.
COMMON DIVORCE MISTAKES #2: ONE SPOUSE TAKES A FIRM STANCE ON A PARTICULAR ISSUE
Another one of the common divorce mistakes occurs when one spouse takes a firm stance on a particular issue. Fixating on one piece ignores the bigger picture. This turns a common-sense agreement into a costly fight.
CHILD CUSTODY ISSUES
Often times, parents may gravitate toward Child Issues. Although one parent may firmly fight for sole decision-making and the majority of parenting time, the child(ren) might not benefit from such a scenario. Working together early in the process with the assistance of a child-focused mediator is generally a more effective way of identifying ways to share responsibilities for, and time with your child(ren).
FAMILY HOME ISSUES
Who stays in the family home? Another common battle amongst those dissolving a marriage, this challenge similarly requires the ability to compromise. Divorce does not need to be zero sum.
COMMON DIVORCE MISTAKES #3: BOTH PARTIES FAIL TO EXPLORE DIVORCE OPTIONS
One of the biggest divorce mistakes happens when the divorcing couple run straight towards traditional litigation. Not only will the court not make the majority of their decisions, litigation tends to be highly expensive. Generally, this time-consuming, adversarial process ends with both parties feeling unhappy with the result.
Alternatively, exploring more amicable routes, such as Mediation or Collaborative Divorce, frequently lead to a better resolution. Through these methods, spouses often prepare their settlement agreement on their own terms. By steering clear of the court system, spouses tend to redefine relationships for them and any involved children.
AVOID COMMON DIVORCE MISTAKES WITH BRUCKNER HERNANDEZ LEGAL SOLUTIONS
In Illinois, the divorce process proves costly and complicated (just check out our DIY Divorce piece for the full rundown!) Sidestepping common divorce mistakes like filing preemptively, standing hard on issues, and heading straight toward litigation help to alleviate the emotional burden, time commitment, and financial investment in the long run.
For legal guidance with your Illinois divorce, contact the family law firm at Bruckner Hernandez Legal Solutions, LLC.