Divorce is one of the most difficult experiences anyone can face. Beyond the emotional toll, the decisions you make during this process can have lasting financial consequences. At Cannon & Associates, our award-winning family law attorneys have seen countless cases where avoidable mistakes cost people thousands of dollars and years of unnecessary conflict.
Understanding the most common pitfalls can help you protect your interests and navigate the divorce process more effectively. Here are the top four mistakes we see and how you can avoid them.
Mistake 1: Misunderstanding Separate Versus Marital Property
One of the most common and costly mistakes in divorce is assuming that property with your name on it automatically belongs to you. In Oklahoma, separate property and marital property have very specific legal definitions that determine what is and is not subject to division.
Generally speaking, property can only retain its status as separate if it is an inheritance or gift given specifically to you. However, things become complicated over time. If you received an inheritance from your family and then commingled or combined it with other marital assets, there is a significant risk that your separate property loses its protected status and becomes marital property subject to division.
Understanding these definitions and taking steps to maintain the status of separate property can save you thousands of dollars and help ensure you protect what is rightfully yours throughout the divorce process.
Mistake 2: Venting on Social Media
You may think your angry post, tweet, or snap disappears in a day, but the truth is that it never truly goes away. The fact that you deleted a comment or it expired from view does not mean the platform no longer retains it.
In highly contentious divorce cases, attorneys can subpoena social media platforms to recover deleted posts. If you said something threatening about your spouse or made dangerous statements regarding your children, that content can be retrieved and presented to the court. What felt like a momentary release of frustration can become powerful evidence used against you.
There are safe spaces to vent and process the difficult emotions that come with divorce. A counselor can help you work through feelings of anger and fear. You can also speak confidentially with your attorney. But social media is never the right place. Once you put something online, it never goes away, and if it is the wrong thing, it could be used by the other side to hurt your case.
Mistake 3: Hiding Assets
When going through a divorce, you may feel inclined to keep certain assets hidden from your spouse. However, the danger in hiding assets is that it can open you up to future litigation that extends well beyond the divorce itself.
If you hide assets during the divorce process and they are not included in the divorce decree, the other side can come after those assets at a later date. When hidden assets are discovered after the fact, your former spouse can return to court and seek their interest in that property. This means more legal fees, more time in court, and potentially losing more than you would have if you had been transparent from the beginning.
The discovery process is an important tool for both sides. If you believe your spouse may be hiding assets, it is critical to submit discovery requests asking about all assets, whether separate or marital property. Documenting your efforts to uncover hidden assets protects your interests and creates a record that can be used if additional property is discovered later.
Mistake 4: Letting Emotions Drive Your Decisions
Divorce is inherently emotional. It would be concerning if you did not have strong feelings about the end of your marriage, especially early in the process. However, letting those emotions drive your decision making can lead to outcomes you will regret.
Working with an experienced family law attorney helps you separate emotion from logic. Together, you can identify what can actually be resolved through the divorce process and what cannot. You can develop clear goals and build a strategy to achieve them.
By focusing on logic and letting emotion take a back seat, you maximize your chances for success. This means concentrating on the things that can be addressed in divorce rather than getting caught up in feelings that, while valid, will not help you reach your desired outcome.
Protect Your Future With Experienced Legal Guidance
The divorce process does not have to cost you more than necessary. By understanding these common mistakes and working with a skilled attorney, you can protect your assets, avoid unnecessary conflict, and position yourself for the best possible outcome.
At Cannon & Associates, our award winning attorneys have helped hundreds of Oklahomans navigate the complexities of divorce. With over 900 five star client reviews, we are committed to providing the guidance and advocacy you need during this difficult time. Your future is our passion.