Divorce changes everything about your life. It affects your finances, your living situation, your children, and your future. The decisions you make during this time will impact you for years to come. Many people make mistakes during their divorce that cost them money, time, and peace of mind.
Understanding what can go wrong helps you avoid these problems. Whether you’re just starting to think about divorce or you’re already in the process, knowing the common pitfalls can save you from lasting consequences. This guide covers the biggest mistakes people make and how to protect yourself.
Not Hiring a Divorce Attorney
The single biggest mistake people make is trying to handle their divorce without legal help. Some people think they can save money by doing it themselves. Others believe their divorce will be simple and friendly. But divorce involves complex legal issues that affect your property, your income, and your parental rights.
Without an attorney, you might miss important details about property division. You could agree to terms that hurt you financially for years. You might not understand how Idaho’s community property laws work or what you’re entitled to receive. An experienced divorce lawyer knows what to look for and how to protect your interests.
Divorce proceedings involve paperwork, deadlines, and court requirements. Missing a filing deadline or submitting incorrect forms can delay your case for months. A qualified divorce attorney handles these details and makes sure everything is filed correctly and on time. They also provide guidance on child custody, child support, spousal support, and how to divide retirement accounts and other assets fairly.
Hiding Your Financial Situation
Going into a divorce without understanding your complete financial picture causes major problems. You need to know about all bank accounts, investment accounts, retirement accounts, debts, and monthly expenses. If you or your spouse owns a business, that’s part of the financial picture too, even if it’s not jointly owned.
Many people don’t track their spending or know where money goes each month. Start gathering financial records right away. Make copies of tax returns, bank statements, credit card statements, and any documents showing assets or debts. Keep records of your individual income and what you spend on necessities.
Idaho is a community property state. This means any property or assets you got during the marriage belong equally to both spouses. The court divides these assets between you. But not everything gets split. Separate property includes things you owned before getting married, inheritances, and gifts given specifically to you. You need to identify what’s separate property and what’s community property.
Some people try to hide assets during divorce. This is a serious mistake that can destroy your credibility with the judge and lead to legal consequences. Be transparent about all financial accounts and debts. If you hide money or property and get caught, it will hurt your case badly.
Making Decisions Based on Emotions
Strong emotions are normal during divorce. You might feel angry, hurt, betrayed, or scared. But making decisions when you’re upset leads to choices you’ll regret. Some people try to “win” against their spouse or make decisions just to punish them. This approach makes everything take longer and cost more.
Emotional stress affects your mental and physical health. It clouds your judgment and makes it hard to think clearly about your future. Instead of reacting emotionally, try to focus on what you actually need to move forward. Think about your long-term goals, not just how you feel right now.
Consider talking to a therapist or counselor during this time. They can help you manage the emotional side of divorce so you can make better decisions about the legal and financial parts. Don’t use drugs or alcohol to cope with stress. These make everything worse.
Keep communication with your spouse as calm as possible. Getting into fights and escalating conflicts only creates more problems. If you can’t talk without arguing, communicate through your attorneys or use email so there’s a record.
Ignoring What Your Children Need
When you have kids, their wellbeing should guide your decisions. Divorce is hard on children, and they need both parents to work together to keep them happy, healthy, and secure. Don’t overlook child-related issues during your divorce proceedings.
Child custody is one of the most important parts of any divorce with children. You need to think about what arrangement works best for your child, not just what’s convenient for you. Joint custody, where both parents share responsibilities equally, often works well. But sometimes one parent getting sole custody makes more sense. The court looks at what’s in the child’s best interests.
Child support helps cover the costs of raising your child. This includes expenses like education, healthcare, and childcare. Child support isn’t about punishing one parent or giving the other parent money to spend. It’s about making sure your child has what they need.
A solid parenting plan prevents future disputes. Your plan should spell out time-sharing, who makes decisions about school and medical care, how you’ll handle transportation, holiday schedules, and how you’ll communicate about your child. Don’t rely on informal arrangements. Things change quickly, and having everything in writing protects everyone.
Divorced parents need to maintain a good relationship for their child’s sake. Keep communication open and be willing to work together. Your child shouldn’t feel caught in the middle or stressed because you can’t get along.
Missing Important Settlement Details
Settlement negotiations determine how you divide property and assets. Many people make mistakes during this process because they don’t have legal advice. They might agree to terms without understanding what they’re giving up.
Property division should be fair and consider the value of all joint assets. A well-written settlement agreement prevents future conflicts and legal problems. Don’t rush through negotiations just to get things over with. Take time to review everything carefully.
Think about what you’re agreeing to in the long term. Keeping the family home might feel like a victory, but can you afford the mortgage, property taxes, insurance, and maintenance on your income alone? Some assets come with hidden costs that turn into financial burdens later.
Make sure your settlement covers everything important. This includes retirement plans, investment accounts, vehicles, personal property, and any debts. Also address who keeps life insurance policies and how you’ll update estate plans after the divorce.
Not Understanding Idaho Divorce Laws
Idaho has specific laws about how divorce works. Not knowing these laws can hurt your case. Idaho is a community property state, which means the court divides marital property equally between spouses. But equal division doesn’t always mean a perfect 50/50 split. The court considers factors like each person’s income, earning potential, and financial contributions during the marriage.
Idaho law requires a 90-day waiting period after you file for divorce before it can be finalized. You can’t speed this up. Understanding this timeline helps you plan for what comes next.
Working with a divorce lawyer who knows Idaho’s laws gives you an advantage. They understand how local courts handle different issues and can guide you through the process effectively. They also know what judges in your area typically consider when making decisions about custody, support, and property.
Overlooking Tax Consequences
Divorce affects your taxes in ways most people don’t think about. Failing to consider tax implications can cost you thousands of dollars.
When you divide property and assets, there can be tax consequences. Transferring certain assets might create a capital gain or loss that affects your tax liability. For example, if you keep an investment account that later increases in value and you sell it, you’ll owe taxes on the gain. Understanding these issues before you agree to property division helps you make better choices.
Divorce papers impact your future tax returns. Alimony payments work differently than child support for taxes. Generally, child support is not tax-deductible for the person paying and not taxable for the person receiving it. Tax laws can be complicated, especially after divorce.
Review your divorce papers carefully with someone who understands tax law. A tax professional or financial advisor can explain how your settlement will affect your taxes. Don’t wait until tax time to discover problems.
Forgetting About Your Financial Future
Divorce changes your financial situation dramatically. You need to think beyond the divorce itself and plan for long-term financial security. Many people focus so much on the immediate issues that they forget to consider what happens after everything is final.
Financial independence matters. Can you support yourself on your income alone? Do you need to find work or increase your hours? Think realistically about your earning potential and what kind of lifestyle you can afford.
Set financial goals for your future. Maybe you need to save for retirement, build an emergency fund, or save for your children’s education. Create a budget based on your post-divorce income and stick to it. Track where your money goes and cut unnecessary expenses.
Keep your financial records organized. This includes tax returns, documents about property and assets, and your final divorce decree. Having everything in order prevents disputes later and helps you stay on top of your finances.
Consider working with a certified divorce financial analyst or financial advisor. These professionals help you understand the financial impact of different settlement options and plan for your future.
Failing to Protect Your Assets
Protecting your assets and property during divorce requires attention to detail. You need to identify all marital assets and make sure they’re divided fairly. Marital assets include property you acquired during the marriage.
Separate property needs protection too. This includes assets you owned before marriage, inheritances you received, and gifts given specifically to you. Make sure these items are clearly identified as separate property so they don’t get divided.
The family home is often the most valuable asset a couple owns. Decide whether you want to keep it, sell it and split the proceeds, or let your spouse have it. Consider the practical and financial aspects. Maintaining a home costs money, and you need to be realistic about whether you can afford it.
Don’t forget about retirement plans, investment accounts, and other valuable assets. These need to be addressed in your settlement. Leaving them out can mean losing significant money.
Violating Temporary Court Orders
If the court issues temporary orders during your divorce, you must follow them. These orders might cover child support, child custody arrangements, or spousal support. Even if you think the orders are unfair or frustrating, violating them damages your credibility.
Judges take court orders seriously. If you ignore them, even for what seems like a minor reason, it can affect the outcome of your final settlement. The judge might view you as uncooperative or unwilling to follow the law. This hurts your position in negotiations and in court.
Follow all court instructions until your divorce is final. If you believe a temporary order needs to be changed, work with your attorney to request a modification through proper legal channels. Don’t just stop following the order on your own.
Not Asking Questions
Unless you’ve been through divorce before, you probably don’t understand all the legal terms and procedures. That’s normal. Don’t be afraid to ask questions. You need to understand what’s happening so you can make good decisions.
It’s better to speak up and ask than to guess and risk agreeing to something that doesn’t work for you. No question is too small or too basic. Your attorney should explain things in a way you understand.
Ask about anything that confuses you. This includes legal terminology, what different options mean for your future, how long things will take, and what happens next in the process. Being informed helps you feel more in control and leads to better outcomes.
Get Help With Your Divorce
Divorce affects every part of your life. The choices you make now shape your financial security, your relationship with your children, and your ability to move forward. Avoiding these common mistakes gives you a better chance at a fair outcome.
If you’re thinking about divorce or already going through the process, you don’t have to handle it alone. Foley Freeman, PLLC understands how stressful this time is, and we’re here to help. Our experienced team provides the legal guidance you need to protect your rights and secure your future.
Call us today at 208-888-9111 to discuss your situation. We’ll answer your questions and help you understand your options. Let us handle the legal details so you can focus on moving forward with confidence.