If you are facing an uncontested divorce, it might be tempting to underestimate the attention that should go into articulating each portion of your agreement. If it’s uncontested, that means you and your partner agree on everything, right? Not necessarily. It’s more likely that the parties are trying to avoid the expense of litigation yet unaware of the work that still needs to go into the dissolution of their marriage. You could end up with an unfair spousal maintenance plan or insufficient time with your child if the language in your agreement doesn’t represent your needs, as well.
It’s highly common for those new to divorce to be caught unaware of the many elements that need to be agreed upon by both spouses. Soliciting the advice of an experienced divorce lawyer will help, but it’s also important to educate yourself about the process – not avoid it and suffer the consequences later on.
Mistake #1: Failing to Get Legal Help Once You Know You Are Headed for Divorce
One of the biggest mistakes we see from folks who file for divorce on their own is that they tend to sign the papers before getting a thorough legal understanding of what they are giving up. A person may not discover the money they might have saved during the asset division process, nor how instrumental a lawyer can be in helping you track down those fine art receipts or evaluating the value of your shared belongings.
Even in an uncontested divorce, it is important to advocate for conditions to which you are entitled. Your attorney will help you do that in these key areas:
- Recovering important financial documentation;
- Dividing your marital assets;
- Defining and asserting your parental rights and responsibilities;
- Communicating strategically with your spouse;
- Reaching a fair spousal maintenance agreement, with the potential for future adjustments; and
- Outlining other post-divorce conditions.
Mistake #2: Assuming You Know What Your Spouse Wants Rather Than Communicating With Them
Accustomed to the dynamics in marital relationships during a divorce, divorce lawyers are adept at spotting whether one party is unknowingly agreeing to unfavorable demands. It is not uncommon for one spouse to wield more emotional or psychological power and for the other to acquiesce to their requests. Your lawyer will help you work with your spouse while preparing the final documents as your divorce is finalized.
In most cases, staying in touch with one’s spouse is a good thing at this point in time. If you want your divorce to remain uncontested, you will need to communicate with your ex – possibly more than you want. When two people have decided to call it quits, negotiating the details calmly and patiently can turn out to be harder than anticipated, but making the effort to do so allows you to voice what you want while aiming for a healthy and fair compromise that prioritizes the wellbeing of any children you share.
Mistake #3: Disregarding the Details in Your Parenting Plan & Other Key Areas
It may feel natural to disregard the parental arrangements in a plan you signed for some future date. When you have been parenting as a married couple, this is how things generally work. The couple makes day-to-day decisions about where they will live, what diet is best for the family, where their children will attend school, whether they will practice a religion, and so on. You were both expected to work through disagreements on major aspects of parenting as they arose.
Not so after a divorce. It is difficult to alter the conditions set forth in a parenting plan and other aspects of your divorce agreemen. Not paying attention to what is in yours can have a lasting effect on your relationship with your child, not to mention the way in which he or she will be raised. Working on this area with a lawyer will ensure that your values and perspectives will be represented so that the final plan represents your wishes as well as the best interests of your children.
Consult with David A. King, P.C. in Illinois About Your Concerns for a Better Outcome in Your Divorce
At the Law Office of David A. King, P.C., we can provide consultations based on our expertise throughout every stage of the divorce process. In doing so, we can help you determine whether your case is likely to be contested, whether mediation or arbitration is advisable, and what else you need to know to move forward in the most advantageous way possible.
Contact the Law Office of David A. King, P.C. to make sure you’re on the right path in your divorce.
