Top 5 Mistakes People Make in Divorce Cases


Sometimes people find themselves in the unfortunate, but necessary circumstance of divorce. This difficult time is turbulent enough even if things progress as ideally as possible between both parties. There are an array of novice mistakes, however, that any person in that situation should seek to avoid at all costs. An Austin divorce arbitration attorney can help curb some of those errors and make the course of action as easy as possible.

They Don’t Look at the Whole Picture

One of the most common mistakes that occur during the life of a divorce is that one or both parties fixate on a single component of the process. Seeing the bigger picture is a crucial step that sometimes those emotionally involved don’t have the ability to do. Having an attorney that is objective, while still having their hand on the pulse of your best interests is invaluable.

They Believe Revenge is a Dish Best Served Cold

This error can have the most negative effect on the hopes of a positive outcome. Being in the midst of a divorce is an emotional time. Sometimes this step is taken when both persons are not on ideal terms and as a result, seek to destroy the other person, especially considering Texas does have certain fault based grounds for divorce available. A vindictive attitude should be avoided as it may lead the aggrieved party down a path that is not useful or productive to their long-term goals. For the attorney representing you to be effective, mediation along with rational, logical thinking must be key components of their business values and they should be able to determine if assigning fault is a feasible path in your individual case.

Not Letting Go of the Material Components

When you’ve spent years building and a successful career and wealth, it generally results in the accumulation of material goods and other valuables. It can be difficult to let those things go. Whether it be a home, boat, or car, sometimes the drive to come out in the end with possession of whatever that item may be becomes more important than anything. This can result in artificial skirmishes that waste time, money, and energy. Texas is a community property state and as a result, regardless of feelings, most items accumulated during the marriage (with some exceptions) will be divided accordingly.. Often times, clients aren’t able to finance and maintain those items. It is important to look at, realistically, what can be maintained and financially handled following a divorce.

Forgetting to Assess Child Related Financial Implications

Finances are an integral part of every divorce, particularly when child support is at issue.If there is only one child from the marriage, Texas Family Code “guideline” child support is 20% of the non-custodial parent’s net income. That percentage increases by 5% with the addition of every subsequent child, but may not exceed 50% of the non-custodial parent’s net income.

Not Reading the Fine Print

At the end of the day, divorce is a legal process with a lot of paperwork, fine print, red tape, and legal jargon. A good attorney can eliminate some of the headaches that go along with the process.

If you find yourself in the midst of a divorce, give the Team at Kirker Davis a call. They are well equipped to aid clients in the difficult process that is legally divorcing a spouse.


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