Divorce Mistakes To Avoid: Costly Oversights

Published by:
Abigail Moses

Reviewed by:
Alistair Vigier
Last Modified: 2024-07-25
We have put together a list of divorce mistakes to avoid. In every relationship, everyone wishes they would have a fairy-tale ending. They want a “happily ever after”. But did you know that the divorce rate in Canada alone is up to 38%? This is according to the latest Statistics Canada data. Wanting a divorce comes for a variety of reasons. But the most common reason is a lack of communication.
There are many divorce mistakes to avoid, so hire a top family lawyer to help you. You can contact us. You’re tired of the constant arguments. Tired of problems escalating quickly and blowing up in your face? It’s tiring physically, emotionally and spiritually. Some couples want to get out. The only solution they can think of is filing for a divorce.

Four common mistakes that happen during a divorce
We’ll be discussing the most common divorce mistakes. This will give you an idea of what not to do during this difficult time. We will also tackle the concept of getting a family lawyer. We will explain what they can do for you.
If you need to go to court, get a lawyer and ask them to push for costs if they win your case. Your spouse might have to pay all or some of your legal fees. We can connect you to the best lawyers who offer court services. You can’t just grab a lawyer from any firm and have them represent you. It’s important to ensure they always have your best interests at heart. You don’t want them to work for you just because you can pay them for their services. Getting a divorce doesn’t mean that it’s the end of your world. It will be up to you whether it affects you positively or negatively.
Divorce Mistakes To Avoid
We have 10+ people call us a day explaining the excruciating pain of preparing for a divorce. You might have never been through this before, and we are here to help you. Get away from sleepless nights when we reflect on what went wrong. Stop thinking about how it got to this point and worrying about properties, finances, child custody, etc. No one can handle situations like these without stress, but avoiding the common mistakes below can help you in the long run.
Divorce can get nasty; we have seen people go after retirement or empty financial accounts. It’s important to hire a law firm that can help you with divorce negotiations without heating things. If things do heat up, we can help you with divorce proceedings, which means putting together the papers for litigation.
Don’t Be Held Liable
Yes, we understand. You probably have significant disagreements or even hate your partner; in your opinion, this person made your life a living hell. But badmouthing your ex to other people, like your family or friends, is a big no-no. This will affect everyone around you, like your kids, close family members, and friends. Whether it’s before or after the divorce, please don’t do it. It’s better to check with your lawyer if it’s needed in the case, but it will still depend. If you can’t help it, hire a therapist to vent properly.
Divorce Mistakes To Avoid
No one can ever correctly handle themselves for this. It’s like a meteor shower of emotions aimed right at you, and you can’t hide from it or protect yourself from it. It’s okay to feel that way; we’re not robots who are emotionally numb. Using this as an excuse to make decisions based on these negative emotions is not OK. Letting your emotions get the best of you will result in a negative outcome for your divorce and have negative implications in the future as well.
Don’t drag the divorce out to get revenge; it affects the people involved in your divorce, like your children and loved ones. So do yourself a favour, again if you can’t bottle it up, talk to your family therapist and work with your lawyer so that they can help you make the right decision.
Divorce Settlement
No one wants to lose a divorce case, and it all depends on how reasonable your divorce attorney is. Even if you feel like your ex has the upper hand on you, don’t EVER resort to lying to get an advantage. Be honest throughout the court proceedings. Include everything and present everything to your lawyer. This includes financial statements, retirement records, tax records and everything else. Don’t ever leave anything out. Before hiring a lawyer, ensure you have all the necessary paperwork and documentation.
Not Focusing On The Details
You’re tired, stressed out and you just want it to end. We understand how tedious this is for you, but you should focus on the details. Some divorce processes can be lengthy, and you might not see the light at the end of the tunnel yet, but you will. And while you’re waiting for that, these discussions might lead you to open up about intimate segments of your life. And getting concrete proof of this is essential. If the children are involved, you’ll need to provide information about their school performance, doctor’s appointments, extra activities or things they do, and more.
If it’s you who’s paying the bills, you need to provide a record and a proper one to be able to claim reimbursements should you want to do so. When the situation is complex, most divorcees try to handle it alone, leading to more mistakes down the wire. And in doing so, they prolong the process even more, and the costs can be high.
How Can A Family Lawyer Help?
Most family law practices will always focus on representing their clients in their divorce issues and all other issues that come with it. However, each family lawyer will have their methods of tackling a specific case since the reasons might be the same, but how it got to that point, as well as the people or circumstances involved, will always be unique. And here are some things that they can assist you with.
Most commonly known as a “prenup,” a prenup is a written contract created by a couple before they get married. It will consist of all the properties that they both have, including debts (if there are any), and they will need to say what each other’s property rights will be once they get married. Some would say that prenups are only for the wealthy, but not really. Many people would do prenups for various reasons, such as protection from debts, clarifying financial rights, or avoiding any possible arguments in case any of them file for divorce.
Handling Child Custody Agreements
This normally happens when a married couple with children files for a divorce. It includes a variety of things, such as which parent will have primary physical custody of the children, whether custody will be evenly split between both parents, or whether one of them will have more time. Depending on the divorce situation, it might also discuss child support provisions and visitation times.
Handling Estates and Wills
A will is a document for people wishing to know how their properties will be managed in case they die. Your family lawyer’s focus is to make sure that everything that’s stipulated in their clients’ will will be followed. The importance of getting a good family lawyer can’t be emphasized enough. Yes, you can represent yourself in court if that’s what you want, but getting a family lawyer will give you the expertise, the best advice and the best way to tell you what to do in your situation. These lawyers are knowledgeable about everything related to settling divorce, child custody, and estate administration issues, among other issues affecting families.
Divorce Mistakes To Avoid
You may want to consider some things when choosing the perfect family lawyer to handle your divorce case. These will not only ease up your selection process but will also help you in making the right decision. Many people would agree that finding a lawyer who has “seen it all” would be a great asset to what you want to achieve when you step into that courtroom. Each divorce case might be different from another, but it all boils down to one thing – resolution. The experience will come a long way, and checking their portfolio to see the past cases they’ve handled would be beneficial for you in the long run.
Don’t just go for someone you’ve searched online
The internet is great, but when it comes to handling your divorce case, Google should be Considered just a point of reference. Don’t let it decide for you. Don’t grab the top search result under “Who’s the best family lawyer in Canada” or “Divorce lawyers in Canada.” Why? Because you need to find a family lawyer who’ll put your best interests at heart, not someone who wants your money.
Once you follow all these steps, you don’t have to worry about anything else. We’re sure you’ll be able to make the right decision from here. So once you’ve found your lawyer of choice, tell them everything you need, and they will take care of the rest for you.
Financial Pitfalls: The High Cost of Forgetting Assets and Debts
There are things to consider before filing for divorce. The stress and emotional turmoil associated with breaking up with your spouse can be overwhelming and lead to rushing to file for a divorce. There could be many good reasons for ending your marriage, including physical or mental abuse, making it unsafe to continue the relationship, but rushing to file for divorce could be a mistake.
You might read about how common divorce has become in Canada, but that is not a reason to rush to file for one. It is far better to take the time you need to create an exit strategy to prepare yourself for the divorce process and life outside of your marriage.
Familiarize yourself with the law about divorce
Divorce is a court proceeding to terminate a marriage. If you are separated from your spouse and have a written separation agreement in place resolving child custody and parenting, support, asset sharing, and other issues, it would be best if you still went through a divorce proceeding to end the marriage regardless of how long you and your spouse have lived apart.
You must have grounds in order to file for a divorce, so now is a good time to take a look at your relationship with your spouse to determine if you have the ability to ask a court to end your marriage. To file for divorce in any province in Canada, you must prove the breakdown of your marriage.
Divorce should be based on one of the following reasons
- Adultery committed by your spouse
- You have been the victim of physical or mental cruelty by your spouse
- Living apart from your spouse for at least one year
A separation from your spouse for at least one year is grounds for divorce regardless of whether or not there is a separation agreement settling custody and financial issues between you. The more documentation you have before filing for divorce, the easier it will be to identify assets subject to being distributed as part of the settlement.
Emotional Decisions: Divorce Mistakes To Avoid
It also makes it difficult for your spouse to hide assets for which you have statements and documentation to prove their existence.
Some of the records and documents you should gather include the following:
- Bank and investment account statements
- Mortgage and title documents for the marital home and other real property
- Pension benefit records
- Statements and documents about other types of assets, including artworks, household furnishings, vehicles, jewelry and other items of personal property.
The process of ending a marriage includes the distribution of the real and personal assets acquired by the parties, including any increase in the value during the marriage of property brought into the marriage by one of the spouses. Documents and records allow your lawyer to identify assets that are subject to distribution and those that are excluded from distribution. There are many divorce mistakes to avoid, so get legal advice.
Decide how and when to tell your spouse you want a divorce
Before telling your spouse that you want to end the marriage, you should seek the advice and guidance of a knowledgeable and experienced lawyer whose family law practices include divorce and separation. The lawyer can help you decide how and when to inform your spouse about the divorce. If your relationship with your spouse has been an abusive one, your lawyer might suggest asking an Ontario family court judge to make a restraining order.

Overlooking Tax Implications: The Hidden Expense of Divorce
A restraining order protects you and your children from harm by setting terms, including preventing or limiting the ability of your spouse to contact you. Disobeying a restraining order is punishable as a criminal offence. A lawyer experienced in divorce and other family law matters is a valuable resource for advice and guidance. The lawyer can assist you in developing an exit plan to reduce the uncertainty of the divorce process.
We hope you avoid these divorce mistakes.
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