Here are a few common mistakes to avoid if you want a streamlined divorce.
The time between when you decide to get a divorce and when you are actually divorced can be emotional, stressful, and financially challenging. The choices you make while waiting for your divorce to be finalized can significantly increase the costs of pending litigation and make it harder to co-parent when your case is over. Here are a few common mistakes to avoid if you want a streamlined divorce.
Not Remaining Separated from Your Ex
In the absence of a written separation and property settlement agreement to resolve issues, Maryland has a mandatory 12-month separation requirement for a no-fault divorce. That means you and your spouse must live separately for 12 consecutive months before you can file. If you and your spouse are intimate or spend the night together, it will restart the waiting period and delay your divorce.
Depositing Wages into Your Joint Account
When you separate households, you may also separate finances. This may include changing a direct deposit and automatic payments from your joint accounts to a new individual account. You should set up a new account in your name and direct all those payments and deposits to the new account. Otherwise, your spouse may have access to the money you need for your living expenses or bills. If you are unsure about redirecting your pay and expenses, you can still open a new individual account and have it ready when it’s time to separate finances.
Weaponizing Your Divorce
In many high-conflict cases, the litigation process can become a weapon. No one benefits when both sides file motions or make discovery demands unnecessarily. Don’t use your divorce to “get back at” or hurt your ex-spouse. Instead, approach your divorce and separation with neutral emotions, relying on your attorney to make the best deal or case available.
Hiding Assets
Failing to disclose property, even if you believe it is non-marital, can be costly. If you hide assets during divorce and your ex-spouse’s attorney finds them, you could face sanctions for misleading the court. This might include losing the property you have hidden or having to pay your ex-spouse’s attorney fees. Secreting assets can also damage your credibility with the court, impacting how the court assesses your statements and testimony regarding non-financial issues like custody.
Complaining About Your Ex
Complaining to your children or online is very common when you are mad at your ex-spouse. But that is not a good idea. Instead, find a few confidantes that you can talk about your feelings with, like a therapist or divorce coach, but keep your divorce matters private. Otherwise, what you say could be used against you in deciding child custody or other issues.
The Right Lawyer Can Make All the Difference
Hiring a lawyer should be the first thing you do when encountering any legal matter, not a last resort. Whether you’re thinking about a separation or divorce or have been charged with a crime, been injured in an accident, or your civil rights have been violated, you need to first know your rights. Contact Mike Mastracci today at 614 Edmondson Ave Catonsville, MD 21228 (with satellite offices in Ocean City, Snow Hill, and Salisbury, Maryland), 410-869-3400, and check us out on Facebook.