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What Are the Most Common Mistakes People Make Early in a Divorce?

by | May 27, 2025 | Family Law |

Divorce is a life-altering process that often feels overwhelming. While emotions understandably run high, early missteps can lead to unnecessary complications, delays, and even long-term financial or emotional consequences. Some common mistakes include:

  • Letting emotions dictate decisions
  • Making early missteps that lead to complications or delays
  • Failing to consider long-term financial or emotional consequences

Identifying these mistakes and understanding how to avoid them can make this challenging process smoother and more efficient. The Law Offices of Michael A. Robbins explores these pitfalls in detail to help you make informed decisions during the early stages of divorce.

1. Acting Impulsively Without Understanding the Process

One of the most frequent mistakes is making decisions out of anger, fear, or frustration without fully understanding the divorce process. Whether it’s rushing to file first or hastily agreeing to terms, impulsive actions can lead to regrets later. Divorce involves legal, financial, and emotional considerations. Taking time to consult a professional ensures your approach is informed and intentional.

Key advice: Speak with an experienced family law attorney early on to gain clarity about the process, timelines, and your options.

2. Neglecting Financial Preparation

Another critical error is failing to organize and assess your financial situation. Divorce requires full financial disclosure, yet many individuals either overlook or underestimate this step. Without an accurate understanding of income, expenses, assets, and debts, you risk unfavorable financial outcomes such as unequal property division or inadequate support arrangements.

How to avoid this:

  • Gather financial documents, such as bank statements, tax returns, pay stubs, and investment records.
  • Create a budget to identify your immediate and future financial needs.
  • Consult financial professionals, if needed, to evaluate asset values and understand tax implications.

3. Ignoring Long-Term Implications in Favor of Short-Term Gains

During mediation or settlement discussions, some people focus too heavily on immediate goals, like keeping the family home, without considering the long-term financial burdens. For instance, maintaining a home you can’t afford post-divorce could strain your finances down the line. Similarly, agreeing to an uneven division of assets just to “get it over with” can leave you at a disadvantage later.

What to remember: Balance short-term desires with long-term practicality. Ensure your decisions align with both immediate needs and future goals.

4. Using Children as Bargaining Chips

Divorce can place immense emotional strain on children, yet some parents unintentionally involve them in disputes. Using children as leverage to gain concessions or manipulating custody arrangements to punish the other parent can cause lasting harm to your children’s wellbeing and could negatively affect your case.

Better approach: Prioritize your children’s best interests. Courts favor arrangements that ensure consistency, stability, and parental cooperation. Work to establish a fair parenting plan that focuses on your children’s needs rather than personal grievances.

5. Mismanaging Communication

Another common error is communicating with your spouse in ways that are hostile, defensive, or poorly documented. Heated arguments, written insults, or ill-advised social media posts can surface as evidence against you during proceedings. These missteps often escalate conflicts and complicate resolution.

Practical tips for communication:

  • Keep conversations factual and respectful.
  • Avoid texting or emailing in anger.
  • Document key interactions clearly and accurately.
  • Refrain from sharing private details of your divorce on social media.

6. Failing to Seek Legal Guidance Early

Lastly, many individuals delay consulting an attorney, mistakenly believing they can handle the process themselves. Without professional guidance, it’s easy to overlook legal rights or obligations. This oversight can lead to agreements that are not in your favor, or that fail to comply with applicable laws.

Solution: Retain a qualified divorce attorney as early as possible to protect your interests. An experienced attorney will provide tailored advice, advocate for your rights, and help you avoid unnecessary legal hurdles.

Contact Us

The early stages of divorce set the tone for the entire process. By avoiding impulsive decisions, preparing financially, keeping children out of disputes, and consulting professionals, you can move through this challenging time with confidence. At the Law Offices of Michael A. Robbins, we are committed to guiding you through every step of your divorce with dedicated, personalized attention. Contact us today to discuss your situation and secure the support you need.