8 Most Common Divorce Mistakes

Divorce can be a complicated process, especially when you attempt to navigate the legal landscape on your own. Mistakes can easily happen, leading to delays, additional costs, or even the rejection of your divorce judgment. Understanding the common pitfalls can save you time, money, and stress. Here, we’ll dive into the eight most frequent mistakes people make during divorce proceedings and how to avoid them.

1. Issues with Paperwork

One of the most significant challenges I see daily involves problems with paperwork. Many individuals attempt to handle their divorce documentation independently or seek help from inexperienced firms or paralegal services. This can lead to a slew of issues, particularly when it comes to the final judgment.

When you submit your judgment, it’s often the first time the court reviews your paperwork. Unfortunately, clerks are not allowed to give legal advice, and if your forms are incorrect, they will simply reject them without guidance. The reasons for rejection can be extensive, often spanning several pages. This is a common issue that can dramatically slow down the divorce process.

2. Judgment Rejections

Judgment rejections account for a large portion of the cases I handle. It’s not uncommon for individuals to believe they’ve completed their divorce only to find out that their judgment has been rejected. This can happen for various reasons, including errors in the initial petition. If your petition is incorrect, you may have to start the entire divorce process from scratch.

For instance, I recently assisted a client who amended their petition only to make new mistakes. This type of situation can lead to multiple rejections, which are frustrating and time-consuming. In some counties, the approval process can take two to three months, and if your judgment is rejected, it can start that clock all over again.

3. Long Delays in the Process

Another common issue is delays that can extend the divorce process for years. Sometimes, individuals mistakenly think their divorce is finalized when it is not. Other times, they may work with attorneys who are not moving the case along efficiently. In contrast, I pride myself on moving cases quickly, especially when the couple has already reached an agreement.

For those who come to us fully prepared, we can often complete the paperwork in a week. However, it’s essential to understand that even after the paperwork is submitted, California law mandates a six-month waiting period before the divorce is officially finalized.

4. Misunderstanding Child Support Obligations

A significant misunderstanding I encounter is around child support. Many clients express a desire to waive child support, believing they can simply agree not to require it. However, child support is mandatory and cannot be waived by either party. Courts will retain jurisdiction over child support matters, which means you must address this in your agreement.

If you want to request a non-guideline order for child support, you’ll need to attach specific documentation. Failing to do this can lead to complications down the line, and many people are unaware of the necessary legal language required to make these requests.

5. Issues with Spousal Support

Another area where mistakes frequently occur is spousal support, especially in long-term marriages. Terminating spousal support requires specific waiver language, and many people do not know how to provide this correctly. The law is strict, and clerks are not going to guide you through this process. If the necessary language is not included, your request will likely be rejected.

For marriages lasting ten years or more, the court typically maintains jurisdiction over spousal support unless both parties sign the waiver. This can be a complex area, and individuals often find themselves frustrated when their judgments are rejected due to missing language.

6. Failing to Follow Up

Many clients don’t realize the importance of following up on their cases. Whether you’re working with an attorney or trying to manage the process yourself, keeping track of your case status is crucial. For instance, if you submit your judgment and don’t receive confirmation, it’s essential to follow up with the court.

I’ve seen numerous cases where individuals waited months only to discover that their paperwork was lost or rejected. This lack of follow-up can lead to unnecessary delays and complications in the process.

7. Overlooking Court Jurisdiction

Another common mistake is not understanding court jurisdiction, especially regarding child support and spousal support. Individuals often think they can agree to terms outside of court, but the court must retain jurisdiction over these matters. If you fail to address these issues properly, you may find yourself in a complicated situation later on.

For example, if you’re involved in a long-term marriage and do not include the appropriate waiver language in your judgment, the court will still maintain jurisdiction over spousal support, potentially leading to future obligations that you didn’t anticipate.

8. Ignoring the Importance of Legal Advice

Finally, one of the biggest mistakes people make is underestimating the value of legal advice. Even if you believe you can handle your divorce independently, consulting with a knowledgeable attorney can save you from costly errors. Many individuals rely too heavily on online resources or videos without fully understanding the legal implications.

While I provide a wealth of information through various platforms, it’s essential to recognize that every case is unique. Having a professional guide you through the process can help you avoid common pitfalls and ensure that your rights are protected.

Conclusion

Divorce is inherently complicated, and mistakes during the process can lead to significant delays and frustrations. By being aware of these common pitfalls, you can take proactive steps to avoid them. Whether it’s ensuring your paperwork is correct, understanding child support obligations, or recognizing the importance of legal advice, each aspect plays a crucial role in a successful divorce process.

If you find yourself in need of assistance or have questions about your specific situation, don’t hesitate to reach out. Navigating divorce doesn’t have to be overwhelming, and with the right guidance, you can achieve a resolution that works for you.