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5 Mistakes to Avoid While Filing A Divorce Petition .pdf


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Title: 5 Mistakes to Avoid While Filing A Divorce Petition

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5 Mistakes to Avoid While Filing A Divorce
Petition
Navigating the legal, financial or custodial aspects is inevitable when a couple decides to part
ways. The decision to get out of the wedlock can create a chaos in life as a couple files a divorce.
While going through the whole process, people often make mistakes that lead to delays. The
blog post enlists a few rookie mistakes to avoid while filing a divorce claim.

1. Avoiding attorneys and family court lawyers
Some couples seeking divorce tend to avoid attorneys and family court lawyers for saving costs
or fearing an escalation of the conflict. The state laws in the US govern divorces, and the couple
may have to face multiple delays the process. An attorney can help a couple settle the finances,
child custody decisions and even property disbursement concerns. Ensure that you take your
time to choose an attorney who makes you comfortable.

2. Choosing the wrong attorney
Many divorce petitioners make the mistake of choosing the wrong attorney. Avoid choosing an
attorney who offers a free consultation, or based on the reference provided by an acquaintance.
Hire an attorney based on rapport, track record, orientation towards negotiation, courtroom
skills and if possible, their ability to handle complex divorce cases such as domestic violence or
property segregation.

3. Inclining more on emotions
Couples filing for a divorce are, at times, take an emotional decision rather than considering the
factual aspects. Emotions creep in during the negotiations and may restrict in reaching an
amicable agreement while filing the divorce. Thriving under emotions may limit the petitioners
to convey the facts and gain clarity on the issues which is likely to delay the proceedings.

4. Messing up financial information
The financial assets of the spouses play a crucial role before the state laws grant a divorce.
Marital debts and property distribution are important factors the court takes into consideration
when couples file for a divorce. Spouses seeking a divorce need to declare their financial assets
and refrain from providing any wrong information. Finances are the grounds on the basis of
which court grants a “support” or “maintenance” to any of the spouses before finalizing the
divorce.

5. Failing to differentiate between custody and conservatorship
Texas Family Laws that govern divorces emphasize on the concept of conservatorship rather
than custody. Conservatorship describes the legal rights and the responsibilities of a parent.
Conservatorship consists of the rights to make an educational, medical and religious decision for
the child. An evaluator can help the couple to understand the details of child custody laws that
can expedite the divorce process.

The Way Forward
Although navigating the divorce process is a challenging task, it doesn’t have to be a nightmare
for the couples. The only thing that ensures a smooth redressal of the process is to understand
the legal, financial and custodial aspects when proceeding with the divorce petition. Hiring
experienced attorneys and family court lawyers help in resolving the complexities of divorce and
allow them to reach an amicable agreement before separation.


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