What are the Most Common Divorce Mistakes?

8-1What are the Most Common Divorce Mistakes?

Divorce is one of the most difficult and emotionally draining times in your life. When you say “I do,” you do not expect the marriage to end. Yet almost half of all first marriages end in divorce. The decision to divorce starts a process that can be stressful. It can be even harder if you make mistakes along the way. There are some common mistakes that you can avoid to make your divorce easier, faster, and less tense. An experienced divorce attorney will answer your questions and help you through the process.


Failure to Communicate

Although you and your spouse may not be on the best of terms, it is in your best interest to communicate about the marital settlement terms. Settlement terms include such things as the distribution of assets and debts, matters regarding child custody and visitation, and spousal support. The courts generally prefer couples to work out these matters in a fair manner that they both approve. You need to be able to resolve issues to come to an agreement that is best for both you and your spouse.


Board Certified Family Law Specialist Matt Arnold answers the question: “How should I prepare if I intend to file for divorce in the near future?”


Settling for Too Little

It is important to know that in North Carolina, the law allows for a 50/50 distribution of the marital estate. Sometimes, a spouse may feel bad that they initiated the divorce or that they did something wrong in the marriage. When this happens, it can cause someone to settle for less than their fair share of the marital assets. It is important to note that both parties must disclose their assets so you can each be certain of a fair distribution in divorce.



Letting Your Emotions Take Over

Your emotions are running high right now, so be aware to keep them in check as you deal with divorce issues. Do not make any rash decisions, and never sign anything until you allow your attorney to review it first. Keep in mind that arguing often will not resolve matters and instead could make things harder. Try to separate your emotions from the intellectual decisions that you must make. Remember that some issues are more important than others.


Trying to Handle Your Divorce Alone

Divorce laws can be complex. The best way to go through the process is with guidance from a knowledgeable divorce attorney. Without a lawyer, you will certainly have many things to learn, and you will spend a lot of unnecessary time working on your divorce. When you hire a divorce attorney, you can rest assured that he or she will take care of everything necessary. Your lawyer will handle the many little issues that arise so you will not be overwhelmed. This can help take the stress off the situation and allow you to begin to rebuild your life. Your lawyer will always work for what is in your best interest and will also help to resolve disputes before they turn ugly.


Divorce does not have to be difficult or stressful. Our team of experienced divorce attorneys is here to assist you through the process and help you get through this time in your life. To learn more, call us at Arnold & Smith, PLLC, at (704) 370-2828 to schedule a consultation or find additional resources here.


The family law practice group at Arnold & Smith, PLLC includes two Board-Certified Family Law specialists and one Child Welfare Law specialist, as well as several attorneys with many years of family law experience that are committed to providing a powerful voice to individuals facing the often-tumultuous issues in this area of law. The range of issues our family law clients may be facing include pre- and post-nuptial agreements; separation agreements; post-separation support; child support (both temporary and permanent); absolute divorce; divorce from bed and board; military divorce; equitable distribution of assets; child custody (both temporary and permanent); retirement benefits and divorce; alimony and spousal support; adoption; and emancipation. Because this area of the law is usually emotionally charged and complicated, the family law attorneys at Arnold & Smith, PLLC act with the utmost dedication to ensure that each client understands his or her options, and then act to achieve the best result possible for that client’s particular situation.



Separation and Divorce | North Carolina Judicial Branch (nccourts.gov)

marital settlement agreement | Wex | US Law | LII / Legal Information Institute (cornell.edu)


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