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posted on 2/18/15

The following is a list of ten mistakes couples make during a divorce.

1. Believing your spouse will be fair and cooperative during the divorce proceedings: Divorce is an emotional process. You need to look out for you, because that is exactly what your spouse will do. It does not matter how long the marriage lasted or how in love you were–it is over now and you can no longer expect emotional support from your spouse.

2. Using your children as pawns: The primary caregiver might threaten to limit or deny visitation rights unless the other spouse promises financial support. Do not take the bait. Remember that the court determines the custody arrangement, which will be based on your child’s best interests. The court also determines whether one spouse is entitled to receive maintenance payments (alimony).

3. Withholding information from your attorney: Your attorney cannot help you if he does not have all of the information. If you do not trust your attorney enough to share details about your marriage and financial situation then hire a different attorney. The truth is your most important legal weapon.

4. Beginning a new romantic relationship before your divorce has been finalized: Infidelity does not legally affect divorce proceedings. However, even though decisions regarding child support, alimony and property division are not affected by “marital misconduct,” dating during a divorce can prolong settlement negotiations and weigh against you when the judge determines the best child custody arrangement. For example, one of the factors courts consider during custody proceedings is whether the parents have relationships that will affect the child. A new girlfriend or boyfriend would certainly impact the child.

5. Making decisions while you are upset: It is easy to make bad decisions during divorce proceedings. Always consult your attorney first.

6. Using the divorce as an opportunity to punish your spouse: Airing all of your spouse’s dirty laundry might feel good in the moment. But the only thing this accomplishes is prolonging the proceedings and making it more difficult to reach an agreement. It might also be emotionally damaging to your children.

7. Talking about the divorce on social media: Facebook, Twitter, Instagram and other social media sites are public forums. Anything you say can and will be used against you.

8. Signing documents without reading or understanding them: Make sure that your attorney explains the legal significance of every document that you sign. If you have questions, ask. That is what your attorney is here for.

9. Not knowing your financial situation: It is imperative that you understand how much money you and your spouse have, how much money you both earn and any debts that you have.

10. Hiring the wrong divorce attorney: You need an experienced divorce attorney who has no stake in the proceedings other than you. If you have been served with divorce papers or want to initiate the divorce, contact one of our Schaumburg family law attorneys today. Glasgow & Olsson can assist those in the Chicago area and surrounding suburbs. Call 847.577.8700 for a free initial consultation.