What NOT To Do During A Divorce
No married couple plans on getting divorced, but the unfortunate fact is that approximately 50% of all American marriages end in divorce. Due to the prevalence of divorce in our society today, there are countless resources available to couples preparing to go through the process. Many of these resources are geared towards providing the couple with helpful tips on way to make the process simpler or more streamlined. This week, our divorce attorneys at the Lake of the Ozarks are here to examine the situation from a different perspective.
What NOT To Do During A Divorce
Just as there are certain things you can do doing a divorce to ease the process, there are certain things that may significantly complicate things and therefore should be avoided whenever possible. Here is a quick look at a few things we recommend you avoid.
1. Assuming Things Have To Be Combative
The media likes to dramatize divorce by making a show out of angry husbands and wives making each other miserable during the divorce process. While divorce always has the potential to get ugly (and sometimes it does), don't make the mistake of assuming that your divorce must be overly combative. If you and your spouse are able and willing to cooperate, you will likely be able to save yourselves a great deal of both time and money.
2. Getting Pregnant
Pregnancy can significantly complicate (and, in many cases, extend) the divorce process. If a woman becomes pregnant while still legally married, the divorce cannot be finalized in Missouri until after the baby is born. After the baby is born, the court can conduct a paternity test (if necessary) so that the legal father can be determined (her husband will be considered the presumed legal father unless proven otherwise). Once paternity is established, the court can finalize custody, visitation, and child support for the new baby.
3. Overly Involving The Children
Children involved in a divorce are significantly impacted by the process. It's unavoidable. That being said, it is entirely possible for adults to overly involve their children in the divorce, such as by talking badly about the other parent or (even worse) trying to use them as leverage in custody or visitation battles. Remember that though you have chosen to leave your spouse, your children may still care a great deal about their other parent. Be conscientious of how this process is hard for them and offer support however you can.
4. Trying To Hide Assets
Unless explicitly stated otherwise, marital assets (assets acquired during a marriage) are generally considered to belong to both spouses equally. In the event of divorce, the court will work with the couple to ensure that all assets are shared equitably between the spouses. Though it may be tempting to try to hide or liquidate certain assets so that you do not have to share them with your spouse, this is never a good idea. You can be held in contempt of court for your actions.
5. Comparing Your Experience To Your Friends'
Because of the prevalence of divorce in today's culture, you most likely know at least one other couple (and possibly several others) that have gone through divorce. Comparing our experiences to others' is often second-nature, but we encourage you to avoid comparing your divorce to others you may have been exposed to. The divorce process varies widely from couple to couple; comparing your situation to your friends' won't help anything.
Contact Phillips McElyea For More Information
If you are considering divorce, we hope you'll schedule a consultation with one of our divorce lawyers in Camdenton MO. Having worked with countless different couples as they navigated divorce, our team of family attorneys in Camden County MO has the experience needed to successfully guide you through the process.
If you'd like to learn more about our family law services at the Lake of the Ozarks, visit our website: www.pmcwlaw.com
The choice of a lawyer is an important decision and should not be based solely on advertising. When you need a knowledgeable attorney, we invite you to contact us to set up a consultation. Evening and weekend appointments are available. We have access to interpreters.
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What NOT To Do During A Divorce
Just as there are certain things you can do doing a divorce to ease the process, there are certain things that may significantly complicate things and therefore should be avoided whenever possible. Here is a quick look at a few things we recommend you avoid.
1. Assuming Things Have To Be Combative
The media likes to dramatize divorce by making a show out of angry husbands and wives making each other miserable during the divorce process. While divorce always has the potential to get ugly (and sometimes it does), don't make the mistake of assuming that your divorce must be overly combative. If you and your spouse are able and willing to cooperate, you will likely be able to save yourselves a great deal of both time and money.
2. Getting Pregnant
Pregnancy can significantly complicate (and, in many cases, extend) the divorce process. If a woman becomes pregnant while still legally married, the divorce cannot be finalized in Missouri until after the baby is born. After the baby is born, the court can conduct a paternity test (if necessary) so that the legal father can be determined (her husband will be considered the presumed legal father unless proven otherwise). Once paternity is established, the court can finalize custody, visitation, and child support for the new baby.
Children involved in a divorce are significantly impacted by the process. It's unavoidable. That being said, it is entirely possible for adults to overly involve their children in the divorce, such as by talking badly about the other parent or (even worse) trying to use them as leverage in custody or visitation battles. Remember that though you have chosen to leave your spouse, your children may still care a great deal about their other parent. Be conscientious of how this process is hard for them and offer support however you can.
4. Trying To Hide Assets
Unless explicitly stated otherwise, marital assets (assets acquired during a marriage) are generally considered to belong to both spouses equally. In the event of divorce, the court will work with the couple to ensure that all assets are shared equitably between the spouses. Though it may be tempting to try to hide or liquidate certain assets so that you do not have to share them with your spouse, this is never a good idea. You can be held in contempt of court for your actions.
5. Comparing Your Experience To Your Friends'
Because of the prevalence of divorce in today's culture, you most likely know at least one other couple (and possibly several others) that have gone through divorce. Comparing our experiences to others' is often second-nature, but we encourage you to avoid comparing your divorce to others you may have been exposed to. The divorce process varies widely from couple to couple; comparing your situation to your friends' won't help anything.
Contact Phillips McElyea For More Information
If you are considering divorce, we hope you'll schedule a consultation with one of our divorce lawyers in Camdenton MO. Having worked with countless different couples as they navigated divorce, our team of family attorneys in Camden County MO has the experience needed to successfully guide you through the process.
If you'd like to learn more about our family law services at the Lake of the Ozarks, visit our website: www.pmcwlaw.com
Law Offices of Phillips, McElyea, Carpenter, & Welch, P.C.
The choice of a lawyer is an important decision and should not be based solely on advertising. When you need a knowledgeable attorney, we invite you to contact us to set up a consultation. Evening and weekend appointments are available. We have access to interpreters.
We accept Visa, MasterCard, and Discover.
85 Court Circle N.W., P.O. Box 559
Camdenton, MO 65020 GET A MAP
(573) 346-7231 - Telephone
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(573) 346-4411 - Fax
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