Marriage seldom begins with an anticipation of divorce. When it does happen, you may find the legal process overwhelming. Under emotional strain, choices that seem reasonable in the moment often end up harming your case.
These five mistakes are surprisingly common—and entirely preventable.
Hiding assets or financial information
To ensure a fair division, courts in Maryland Virginia, and Washington, D.C., mandate full disclosure of all separate and marital property. It is vital not to move money to secret accounts or “gift” large sums to other individuals. Report all sources of income accurately to avoid claims of “fraud on the community.”
Attempting to conceal wealth often triggers “dissipation of assets” claims. Judges may punish this behavior by awarding the other spouse a larger share of the estate. You also risk heavy fines or contempt of court charges.
Posting personal details on social media
Your digital footprint can be a permanent record in a dispute. Opposing counsel will likely search your profiles for evidence of spending, lifestyle choices or parenting lapses.
Keeping your private life off Facebook, Instagram and other online platforms is generally advantageous. Refrain from venting about your spouse online, and consider asking family and friends not to tag you in anything that suggests an unstable environment.
Text messages and status updates constitute “discoverable evidence” under the law. Even a harmless photo can contradict your claims regarding financial hardship or time spent with children.
Using children as bargaining chips
Family courts prioritize the “best interests of the child” above all else. Judges often view parents who interfere with visitation or bad-mouth the other parent as unfit for primary custody.
Aim to keep adult disagreements away from the kids and follow existing temporary custody orders exactly. Supporting the child’s relationship with the other parent demonstrates emotional maturity.
Violating a temporary order can lead to a loss of parental rights. Always place the emotional health of the children above the desire to win an argument.
Making significant financial moves
Once a party files divorce papers, automatic restraining orders typically prevent both spouses from making major financial changes. These orders protect marital assets and maintain the status quo during proceedings.
You cannot sell property, drain bank accounts or make large purchases without violating these restrictions. Unauthorized spending can result in court sanctions, such as mandatory reimbursement of the marital estate later with your own separate funds.
Taking legal advice from family and friends
When you are going through a divorce, it is natural to turn to family and friends for comfort and tips. Their experience can be helpful, but personal stories are not a substitute for professional counsel. Family law rules on property division, support obligations and parenting plans vary greatly by jurisdiction.
Make sure to check the facts before acting on anything that could affect settlements, custody or court deadlines. A legal check-in with a qualified legal professional or your county court resources early on can protect your interests as you move forward.