Divorce is not simply a legal transaction. It is emotional, financial, and personal. During divorce cases, people often face difficult decisions while under stress or feeling a rush to move forward with their lives, which leads them to make choices that may seem beneficial in the short term but create long-lasting negative consequences. An Indianapolis divorce lawyer at Stange Law Firm, PC, can help you understand the law and take appropriate actions during this process.
By understanding some of the most common divorce mistakes, you can be proactive about protecting your rights, your finances, and your future. Here are some of the most common divorce mistakes in Indianapolis, and how they can wind up costing you much more than you anticipated.
Acting Out of Emotions
The Centers for Disease Control and Prevention reports that there were 14.9 marriages for every 1,000 women over 15 in the United States. The divorce rate was 6.9 percent. Over the past 10 years, there has been a decline in both marriage and divorce rates.
One of the most common divorce mistakes is the decision to pursue a certain path out of emotion rather than rational thought. Divorce cases can stir up all kinds of anger, grief, and betrayal, and it’s perfectly normal to feel those emotions. The problem comes when those emotions are allowed to dictate the course of legal action in your case.
Misunderstanding Property Division in Indiana
Indiana is an equitable distribution state. This means that the court divides marital property in a way that is fair, though not necessarily 50/50. Many people get caught off guard by the realization that property will be divided at all. Assets and debts that are titled in only one spouse’s name can still be marital property if they are acquired during the marriage.
Property in this sense is not just the family home. It can include retirement accounts, business interests, investment portfolios, vehicles, household furnishings, and more. Debts such as credit cards and loans are marital property as well. Failing to understand Indiana’s property division rules can result in a person agreeing to a settlement or divorce decree that short-changes them financially.
Concealing Assets and Being Dishonest
People sometimes attempt to conceal assets, hide them until after the divorce, or give lowballed income amounts on their financial disclosure forms during divorce. This is a huge mistake. Indiana divorce courts take honesty and full financial disclosure very seriously.
Attempting to get around this aspect of the divorce process can lead to sanctions or penalties, a judge making rulings that the party asking for them did not originally intend, or a general loss of credibility with the court.
Even if these hidden assets are not discovered right away, that doesn’t mean they won’t be eventually. Often, these assets are uncovered later down the line during a contested enforcement or modification action.
Attempting to Handle the Divorce Without Legal Guidance
Many people believe that they can get divorced without having an attorney because they don’t want to pay attorney’s fees. This may work in very limited circumstances, but many people who file for divorce or defend against it without legal representation do not realize the complexity of Indiana divorce law. People commonly encounter numerous pitfalls during divorce proceedings that ultimately cost them far more than their initial savings from foregoing an attorney’s fees.
Neglecting Financial Implications
Divorce settlements and property division often have serious tax implications, particularly when it comes to dividing retirement accounts, spousal maintenance, and the sale of marital property. Many people make the mistake of agreeing to a settlement without fully considering the tax consequences. This means that they are left with a settlement on paper but a financial surprise after taxes and other consequences have been taken into account.
About Stange Law Firm, PC
At Stange Law Firm, we know that having an attorney who can relate to you and who focuses on divorce and family law matters can make the process easier. Since our founding in 2007, Stange Law Firm, PC, has dedicated its practice exclusively to divorce and family law, due to the tremendous need for attorneys focused on this area. We are one of the few law firms in Indiana with a dedicated divorce and family law practice.
FAQs
Q: Can Mistakes Made During a Divorce Be Fixed Later?
A: Post-decree modifications can fix some errors, but most errors can never be corrected. Orders of property distribution in Indiana are final and can’t be changed under Indiana law without a great deal of difficulty. Issues of child custody or support are modifiable if the circumstances of the parties change, but most errors can only be corrected by additional time, expense, and court action.
Q: How Can an Attorney Help Prevent Divorce Mistakes?
A: A family law attorney can help clients understand their rights, responsibilities, and choices under Indiana law. Lawyers can recognize potential pitfalls, negotiate equitable agreements, and help clients to draft and file court documents accurately and that are enforceable. This advice may lessen conflict, preserve assets, and help people avoid decisions they will regret later.
Q: How Does Indiana Law Affect Property Division Mistakes?
A: Indiana is an equitable distribution state. This means that property acquired during marriage will be divided equitably between the parties, but not always equally. Disputes can arise, often due to a misunderstanding of the distinction between marital and non-marital property.
Disputes may also result from one or both spouses placing an incorrect value on a particular asset. People who lack legal representation might consent to asset allocations that fail to protect their financial well-being in the future.
Q: What Is the Most Common Mistake Made in Divorce?
A: One of the most frequent mistakes is letting your emotions guide your legal decisions. Responding in anger or frustration can lead to unnecessary conflict, prolonged litigation, and increased legal costs.
Indiana courts are concerned with fairness and the best interests of the children, not punishment or revenge. Often, making strategic and informed decisions, even if they are difficult in the short term, will result in better long-term outcomes than reacting emotionally.
Contact Stange Law Firm, PC, Today
If you are going through a divorce, an attorney at Stange Law Firm, PC, can help you in the legal process. Contact us today for more information.