There are many common mistakes to avoid during a divorce and custody case in Oklahoma can cost you money and time. Navigating the divorce process requires careful planning and understanding of the law to avoid costly mistakes. Even seemingly small missteps can lead to unfavorable outcomes regarding property division, alimony, child custody, and other aspects of the divorce and child custody case.
Failing to Understand Oklahoma’s Divorce Laws
One of the Common Mistakes To Avoid During a Divorce and Custody Case is to entering the process without understanding Oklahoma’s specific laws and procedures can lead to poor decisions. The thing about poor decisions in the context of divorce and child custody is that the long term impact can be serious. An example of things you should know:
- Oklahoma is a no-fault divorce state, but fault-based grounds such as adultery or abandonment can still influence aspects like alimony. The impact of a divorce for cause is highly fact specific. Its a mistake to assume that something like adultery impacts all cases all the time.
- The state follows the principle of equitable distribution, which divides marital property fairly, not necessarily equally. The thing to consider is what’s marital property and what’s not. Its also important to understand that sometimes what starts out as separate property has in fact been converted to a marital asset by the things we do.
How to Avoid It
Educate yourself on Oklahoma’s divorce and child custody laws or consult an experienced attorney who can explain your rights and responsibilities. Understanding the legal framework is essential for protecting your interests. Understanding how the law works helps you manage your expectations. This actually saves you money by helping you better plan for what and when to battle over an issue related to the family law issue you are facing.
Hiding Assets or Financial Information
The Mistake
Failing to disclose all assets, debts, or income during the divorce process is a serious error. Attempting to hide assets can result in legal penalties, including unfavorable property settlements or sanctions from the court. In the divorce process family law attorneys utilize discovery tools that are designed to identify marital assets. Additionally, when the judge realizes that one of the people in the divorce is hiding assets the judge has the ability to punish the person that will be reflected in the final order. The person hiding the financial information can even be forced to pay the other sides attorney fees.
How to Avoid It
Be transparent about your financial situation. Provide complete and accurate information regarding bank accounts, investments, retirement funds, debts, and other financial matters. Full disclosure ensures a fair division of assets and avoids complications. I tell my clients to assume that their marital partner probably has the financial information so be careful that you avoid any issues by providing a full disclosure.
Neglecting to Consider the Long-Term Financial Impact
The Mistake
Another one of the Common Mistakes To Avoid During a Divorce and Custody Case is focusing solely on immediate needs. This might include things like retaining the family home, without considering long-term financial consequences of doing so. Try not to fight if at all for things that if you win it doesn’t matter because winning for the sake of winning can really be a loss.
How to Avoid It
Work with a financial advisor or attorney to evaluate the long-term impact of property division and support arrangements. I tell my clients to keep their powder dry and save it for the fights that really benefit you financially.
- The cost of maintaining the family home is the same for one of you as it is for both of you with two incomes. If it makes you money and you can afford it fight for it but otherwise
- Tax implications of alimony or asset transfers
- Retirement account division. If you set up a Quadro rather than simply take half of the money in a lump sum to you don’t have to pay for early distributions or pay income tax at your personal income rate.
Letting Emotions Drive Decisions
The Mistake
Allowing anger, resentment, or guilt to influence decisions can lead to poor outcomes. For instance, agreeing to an unfavorable settlement out of guilt or refusing to negotiate due to anger can harm your long-term interests.
How to Avoid It
Approach the divorce process with a clear and rational mindset. Focus on practical solutions rather than emotional reactions. An attorney or mediator can help you stay objective and prioritize your goals.
Ignoring the Importance of a Parenting Plan
The Mistake
Failing to create a detailed parenting plan can lead to future disputes over custody and visitation. This is a really big thing. Vague or incomplete agreements often cause confusion and conflict. By setting up a schedule that addresses all potential confects it is much cheaper than arguing over it later.
How to Avoid It
Develop a comprehensive parenting plan that addresses:
- Custody arrangements (legal and physical)
- Visitation schedules, including holidays and vacations. A visitation schedule that reads “visitation as the parents can agree’ is a recipe for disaster. Write a tight order that sets out minimum visitation or minimum specific pick up and drop offs is the answer.
- Communication methods for co-parenting
- Procedures for modifying the plan if circumstances change. Set up a back up plan, things change and you want to be ready for that.
A clear and detailed plan provides stability for your children and minimizes future conflicts.
Overlooking the Impact of Debt
The Mistake
Focusing only on dividing assets and neglecting to address marital debt can result in one party being unfairly burdened with financial obligations.
How to Avoid It
Include all debts in the property division process. Understand that creditors are not bound by divorce decrees, so both parties may remain liable for joint debts unless refinanced or paid off. Work with your attorney to protect yourself from being held responsible for your ex-spouse’s debts.
Failing to Follow Temporary Orders
The Mistake
Ignoring temporary court orders for child support, spousal support, or visitation during the divorce process can lead to legal penalties and damage your case.
How to Avoid It
Comply fully with all temporary orders issued by the court. If you need changes to these orders, work with your attorney to request modifications rather than ignoring them.
Not Seeking Legal Representation
The Mistake
Attempting to handle a divorce without an attorney, especially in cases involving significant assets, children, or disputes, can lead to unfavorable outcomes.
How to Avoid It
Hire an experienced family law attorney who understands Oklahoma’s divorce laws and can advocate for your best interests. An attorney can help you navigate the process, negotiate settlements, and protect your rights. Just because you have an attorney doesn’t mean that you will pay more. Think of this a a contract and its for the most important thing in your life, your kids. You wouldn’t write your own contract in most things in life so don’t do it in a custody and divorce context. The cost of modifying a poorly drafted order is much higher than doing it the right way from the start.
Rushing Through the Process
The Mistake
Attempting to finalize a divorce quickly without addressing all relevant issues can lead to overlooked details and future disputes.
How to Avoid It
Take the time to thoroughly address all aspects of the divorce, including property division, custody, and support. Rushing through the process can result in mistakes that are costly and difficult to correct later.
Failing to Update Legal Documents
The Mistake
After a divorce, many people forget to update important documents, such as wills, trusts, beneficiary designations, and power of attorney forms. Simple mistakes during a divorce and custody case like failing to update legal documents can cost you thousands.
How to Avoid It
Review and update all legal documents immediately after your divorce is finalized to ensure that your assets and decisions reflect your current circumstances.
Get Divorce Help In Tulsa Oklahoma
Avoiding Common Mistakes During a Divorce or child custody case can cost you timer and money. Divorce in Tulsa involves legal, financial, and emotional challenges, but avoiding common mistakes can make the process smoother and lead to better outcomes. By understanding Oklahoma’s divorce and custody laws, working with experienced professionals, and approaching the process with careful planning, you can protect your rights and move forward confidently. For a free and confidential consultation with a divorce and child custody attorney from Tulsa Divorce Attorney and Associates call 539-302-0303. Or you can click this link to ask a for an on line legal question.