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The process of getting a divorce can be taxing in several ways, starting from the time you first consider making that choice for yourself and your family. Emotionally, this is a life choice that can be quite draining. Another way you could find yourself drained is financially, and today we’re here to walk you through five of the costliest mistakes you should avoid during the divorce process.
Rushing the Divorce Process
Often when spouses seem to think they are on the same page and therefore an amicable separation and divorce are predicted, you may feel that you can fast-track the divorce process. However, aside from the fact that things can change on a dime, attempting to speed through the divorce process can easily lead to oversights and crucial mistakes that can ultimately cost one or both of you much more money than is necessary. A simple way to be prepared and do your best to avoid this is to engage a lawyer whose experience will get you through the process as efficiently as possible.
Disobeying the Orders of the Court
There are countless opportunities for emotions to come into play throughout the divorce process. If at any point during your divorce the court issues orders – this can be anything pertaining to protection orders, custody, or monetary support – it is of the utmost importance that you seek legal guidance from your lawyer before making any decisions that would result in these orders being violated. Violations can result in a number of financial consequences or even jail time, depending on the seriousness of the infraction. However, if you have immediate safety concerns that would result in court orders being violated, first and foremost, ensure that you and your children are safe. For example, if there’s an order for access and one parent is intoxicated behind the wheel, the other parent may have to violate the orders for the safety of their children. Once you and your children’s safety are secured, contact your lawyer and inform them of your concerns.
Making False Accusations
Going through all the emotions associated with the divorce process often means that there will be times where you will feel overcome with anger. Occasionally in these moments, some exes think the only way they can “win” is to falsify the claims against their ex in an attempt to better their case. Under no circumstances should you do this. Any accusations surrounding neglect, abuse, cruelty, finances, or anything a court would normally assign consequences are not taken lightly. If any party is found to be falsifying such allegations, there is a significant risk of criminal charges and, of course, substantial expenses. Actions of this sort are never worth it in the end, and the best thing to do is always remove yourself from communications with your ex to minimize that which may trigger you.
Falsifying Financial Documents
One of the first overall steps to ensuring that your assets are divided fairly amongst the two parties is to prepare a full and comprehensive financial report. This document will include any income for you and your ex, such as income, investments, properties, benefits, etc. Be aware that if your ex or an outside party was primarily responsible for your family’s finances, that now is the time to ensure you have copies of absolutely everything so that you and your lawyer have a well-rounded and up-to-date picture of your family’s annual income. Always keep in mind when documenting your expenses that everything must be accurate and truthful. Lying on any financial documents about anything, especially income, can result in expensive consequences down the line.
Taking Legal Action Without Obtaining Counsel
The bottom line with any separation or divorce is that they can be quite complicated and riddled with unexpected financial obligations or pitfalls. Obtaining a qualified and experienced lawyer that you can trust at the beginning of your divorce will serve you throughout the entire process. Family lawyers will be able to guide and counsel you every step of the way and ensure you don’t find yourself in a potentially costly situation.
We know this process can seem never-ending but also consistently emotionally and physically draining. But the stricter you are with following the rules of the court and the advice of your legal counsel, the better the outcome for your family as a whole. At Gelman & Associates, our trusted and highly skilled team of family lawyers all hold the same priority, which is to ensure that you are informed and protected throughout the entire divorce process. Our phone lines are open Monday through Friday from 8 am-8 pm to ensure that we are available to new and existing clients. For a discreet initial consultation, call us at 1-844-736-0200 or contact us online.
FAQ
If one spouse doesn’t want a divorce in Canada, the other spouse must establish the grounds for the breakdown of marriage, such as adultery or physical/mental abuse. Moreover, if the spouse cannot be located, the spouse who went to court must prove that he or she did everything reasonably possible to locate the spouse.
A wife may be entitled to spousal support, which is sometimes called “alimony” or “maintenance,” in a divorce in Canada. While spousal support is usually paid on a monthly basis, it can also be paid as a lump sum.
Yes, you can date while separated in Canada. However, there is a legal implication to that. If the timing of your new relationship comes into question during your divorce, your relationship may be considered as an affair or adultery.
