Every divorce case is unique. Many of them are complex. While it may be impossible to make your divorce easy, you can improve your experience and increase the efficiency of the legal process by taking the right steps. Avoid common mistakes people make during divorce cases in San Diego for the smoothest possible dissolution of marriage.
Not Hiring a Divorce Attorney
Hiring a divorce lawyer in San Diego is one of the best ways to cut time off of the divorce process and make it as stress-free as possible. You can trust your lawyer with processes such as filing your divorce petition, communicating with your ex-spouse and his or her attorney, creating a plan for parenting time and property division, and protecting your rights along the way. While you may not need a divorce lawyer for every case, it is wise to hire one if you and your ex-spouse cannot agree on all the terms of your divorce. If you cannot agree on child custody, child support, division of property or other matters, hiring a lawyer can make it easier to work together to come to a resolution without needing a court date.
Posting and Talking About Sensitive Information Online
It is natural to want to vent to friends and family members about your divorce. It is a tough process that is often emotionally draining. If you can, however, resist the urge to post your thoughts, feelings and experiences online. Posting things about your divorce or your life in general online makes it part of public record. No matter how you configure the privacy settings on your social media accounts, an attorney or private investigator will be able to access the information you post.
You can post and say many things online that your ex-spouse’s lawyer can use against you during a divorce case. Even things that do not seem directly related to your divorce, such as posting photographs of the new big-screen TV you purchased, could end up as evidence during your divorce case. In this example, your ex-spouse could use this as proof that you have the money to pay for child support or alimony. The best way to protect yourself during a divorce case is not to post anything to social media at all until your divorce is finalized.
Moving in With a New Significant Other
There is nothing wrong with moving on with a new significant other after your split with a spouse. Jumping into a new relationship while your divorce is still pending, however, could bode badly for your divorce case. Moving in with a significant other could impact divorce issues such as spousal support. If your new spouse supports you financially, you may not have grounds on which to base a claim for spousal maintenance. Continuing to live on your own, on the other hand, could make a stronger case for alimony.
Another reason not to move in with a significant other during a pending divorce is to protect yourself from allegations that you committed adultery or that you are introducing new people to children you have with your ex. Although California is a no-fault state, the courts may take matters such as adultery into consideration when deciding things such as alimony. The courts will also look closely at the welfare of your children to determine custody. Moving in with a new spouse right away could work against you in terms of custody if your ex-spouse argues that being around a new person so soon could be damaging for the kids.
Moving Significant Financial Assets
Finally, one of the most frequent mistakes made during a divorce case is the moving of significant financial assets. Moving around financial assets during a pending divorce could make it look like you are trying to hide them, especially if you move them to a separate or offshore account. This could make you look bad to the courts and get you into significant legal trouble. If a judge suspects that you are trying to hide assets, you could face heavy fines and a perjury charge for lying about your financial status on submitted paperwork.
The best way to handle your divorce case in San Diego without encountering common problems is to hire a lawyer to help you through the process. A divorce attorney will make sure you do not commit these common errors.