Worst Legal Mistakes Parents Can Make in Divorce
Divorce can be hard on anyone. And when you add children into the equation, the process can only get more emotionally and legally challenging.
Dealing with custody, support, and yes, even tax issues on top of an already difficult divorce can lead even the best parents to make some bad decisions. Here are a few of the worst legal decisions you can make during a divorce and how to avoid them.
1. Not Respecting Child Custody Decisions and Guidelines
You may not trust your ex or the courts to do the right thing, but, unfortunately, you must respect any legal rulings regarding child custody and your former spouse's parental rights. Failure to do so may amount to parental kidnapping, and could mean losing what visitation can custody rights you do have. (And, just as importantly, make sure you pay child support if the court orders it.)
2. Not Following Marital Property Decisions
How your property gets divided in the divorce will often come down to where you live and the circumstances of ownership before, during, and after the divorce. You may not lose exactly half of everything you own, but be prepared for a split that will generally try to leave both parents equally well off. Things can get tricky regard the home and the family car, but divorcing parents are usually allowed to construct a fair property split agreement on their own.
3. Dragging Your Ex on Social Media
No, that's not a misprint -- "dragging" in this sense means disrespecting someone online. And what happens on social media tends to stay on social media, forever. Meaning that the mean things you post about your former spouse or soon-to-be ex on Facebook, Twitter, and wherever else online will be visible to everyone from your kids to the court. So follow some simple rules for social media use during a divorce and keep those arguments offline and IRL.
4. Not Clearing Up Who Gets to Claim Children Come Tax Time
The easy part: Only one parent can claim a child as a dependent on their taxes. Now comes the hard part: which of you will do it? And what if you have multiple children? If this sounds like a simple or inconsequential question, think again. The IRS takes dependency claims seriously and will punish parents for doing it wrong.
5. Not Hiring a Lawyer
The legal ins and outs of divorce are always complex, and getting divorced with children will only make it more complicated. Make sure you find a divorce lawyer that you trust to protect your parental and legal rights.
- Dealing with a divorce? Get your case reviewed for free now. (Consumer Injury - Family)
- Top 5 Parenting Tips During Divorce (FindLaw's Law and Daily Life)
- 10 Common Divorce Mistakes to Avoid (FindLaw's Law and Daily Life)
- Top 5 Marital Property Questions During a Divorce (FindLaw's Law and Daily Life)
You Don’t Have To Solve This on Your Own – Get a Lawyer’s Help
Meeting with a lawyer can help you understand your options and how to best protect your rights. Visit our attorney directory to find a lawyer near you who can help.