July 15, 2014

Four Common Mistakes in Divorce

176725719Every couple and every divorce is different. A divorce is often a complicated process involving emotional and financial elements. While there is no universal process for divorce, there are some common mistakes. Indeed, if a divorcing couple could avoid these mistakes, they would be very well on their way to a respectful process with the best possible outcomes.

1. It is a mistake to have unreasonable expectations. You will not “win” on every issue. In fact, a collaborative divorce results in mutually agreeable resolutions. The work is not about winning or losing, it is about working to come up in resolutions that are acceptable to both spouses.  What matters is looking at the big picture and working toward a resolution together so that you don’t fall into the trap of seeing every decision as a win-loss issue.

2. It is a mistake to let your emotions rule you. A divorce is a very emotional process.  This is understandable and a part of the process. During a divorce, you need to try and make decisions in your own best interest. Decisions out of anger or frustration may not be as long-lasting. Try to find a support network and a professional team to support you to make decisions that feel right and have long-standing value.

3. It is a mistake to not deal with your finances. An important thing to focus on is your finances. In addition to dividing up the financial assets/liabilities and property you have, it is important to think about the tax implications of your divorce.  You want a support team in place that thinks about all of the financial necessities and comes up with workable and predictable resolutions that work.

4. It is a mistake to not consider a collaborative divorceIt is important to recognize that there are various process options available to you in a divorce. Even if both parties in the divorce want nothing but for the marriage to end, it is important to remember that your situation is as unique as your marriage was. A collaborative divorce may work best for you and your spouse. It will allow you to work together to determine how the marriage will end, how your assets will be divided and how child custody will be decided. This type of dissolution isn’t solely for couples who are parting amicably and have little to divide; many couples work with each other collaboratively during a divorce so that the have control of the process and how to settle property and custody issues.

Kimberly Miller
Attorney, KM Family Law, LLC

Kimberly Miller, JD, MA, LAMFT is known for her ability to resolve challenging family issues without resorting to aggressive legal strategies that are damaging to vital family relationships. After years of litigating business and family disputes at a prominent national firm, she recognized the devastating psychological and financial impact that litigation can have on individuals, couples, and other loved ones. She decided to establish her own practice to promote alternative forms of dispute resolution, such as collaborative law and mediation, to reach consensus. Learn more at www.KMFamilyLaw.com

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