There are ten (10) mistakes that are commonly made when going through a divorce in Utah. These mistakes made in a divorce can be mitigated or avoided. As all divorce lawyers know, we are biased, we think you always need a divorce attorney. The simple reason for this is because there is a lot at stake in your divorce. The divorce lawyers at Arnold & Wadsworth offer a free consultation and we will go over your case with you and provide you with an outline on how to approach your case. Call today for a free consultation (801) 475-0123.
Mistakes in a Divorce
1. The first mistake is not knowing what your marriage is worth. When we say this we are talking about your assets and debt in the marriage. One common mistake is that one Partner has been kept out of the finances and therefore can “guess” at what they have but do not know. Make sure you allow your divorce lawyer to go through your financial discovery in your case. In Utah this is controlled by Rule 26.1 of the Utah Rules of Civil Procedure.
2. The second mistake is not knowing how much in retirement your spouse has. You need to know this. This will affect how you settle or litigate your divorce.
3. Make sure that premarital or separate property does not get co-mingled with marital assets. Keep them separate. Do not take that inheritance and put it into a house or pay off debt without a written agreement (signed by both Parties) that it is premarital.
4. A real common mistake in divorces is that the spouse receiving child support does not force the other spouse to get insurance in case of death to cover child support in the future. You do not want to short changed when it comes to child support in the future because of the death of your ex-spouse.
5. Some people ordered to pay alimony do not realize it is a tax write off that reduces your income. Child support is not a write off. It is better to pay more in alimony than child support when it comes to tax write offs and future commitments.
6. Do not listen to your friends, listen to your divorce lawyer. All divorces are different in that they involve different circumstances and situations. If you have a question call your divorce attorney, or email them.
7. A common mistake is choosing the wrong lawyer. Make sure you get a lawyer that you trust. We always tell our clients, if you do not trust us then you will always question us. You need to be a team with your lawyer. Ask how you can help, or what documents you need to get and then deliver the documents.
8. Do not fight over the small stuff. Give up the plastic plates, you are paying your attorney more to be there than the plates are worth.
9. Do not enter into settlement talks too early. If the other side is trying to get you settle quickly make sure you have all the documentation (especially financial documentation) you need. Most of the time the other side is hiding something if they are trying to get you settle quickly.
10. Listen to your divorce lawyer. You do not litigate cases on a daily basis like your lawyer. Educate yourself, but make sure you are making decisions that are discussed with your divorce attorney.
There are 10 common mistakes. If you have any questions feel free to contact our office for a free consultation. Check out the bios of our divorce lawyers today. Click here for Brian Arnold’s bio – HERE
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