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In today’s Do-It-Yourself culture, millions of people enjoy changing their own brake pads or installing a toilet after watching a couple of YouTube videos. However, getting divorced is definitely not a DIY project. Instead, you need an experienced lawyer to guide your case through the process, and a family law attorney at Fontenot Law, P.C. can help. Call our office to discuss your legal case. We can help our clients avoid common divorce pitfalls while protecting their rights.
Relying on Verbal Agreements
The length of your divorce is related to how many issues you and your spouse can agree on, such as:
- Child custody
- Child support
- Alimony
- Division of marital property and debts
If you agree on everything, you can file for an uncontested divorce, and a judge will usually sign off on it after review. But disagreement on one or more of these issues makes your divorce contested.
Some couples talk informally about the above issues and seem to reach an agreement. After a couple of months, however, you might be blindsided when your spouse suddenly denies that you had any agreement.
You can avoid this pitfall by hiring an attorney to negotiate for you. We will insist on memorializing all verbal agreements in writing and include them in a signed agreement. That will speed up the divorce and avoid any confusion.
Assuming You Will Get Custody
Child custody disputes can end up ugly. Some people wrongly think the mother always gets custody of young children, or that they can simply move with the children out of state.
Judges decide custody based on the child’s best interest. The state does not automatically favor mothers in custody, even if the child is young.
Consult an attorney to discuss custody. At Fontenot Law, we can help clients understand what to expect in a contested custody case. We can also offer advice for how to improve your chances of receiving custody.
Fighting About Custody for No Reason
Custody in Utah is rarely all or nothing. Instead, both parents will have substantial contact with their children, unless there is a history of abuse or violence.
A major mistake is reflexively fighting about everything related to the children. That is a good way to massively increase the cost of your divorce.
Instead, work with a lawyer. We first check if our client can find common ground with the other parent. If so, we can start working toward drafting a custody arrangement and parenting plan.
Expecting a 50/50 Split of Marital Property
Utah follows the “equitable distribution” model in divorce. Essentially, a court divides marital assets fairly. But what is fair?
Some people wrongly assume that a 50/50 split is always fair, or that they are entitled to half of everything. But a court might see things differently. You should never assume you receive half of the marital estate.
Assuming You Will Leave with 100% of Your Retirement or Small Business
In Utah, marital property is usually anything a couple obtained while married. The name on the title or account doesn’t matter. If you obtained an asset while married, it is marital and subject to division unless it falls within a narrow exception.
Some people are shocked when a judge says their retirement account or small business is marital property. Maybe your spouse never spent a day working for the business, so you assume she will not get any of the equity.
But both retirement accounts and small businesses can be marital, or part of these assets are considered marital. That means your ex could walk away with a percentage of your 401K, IRA, LLC, or S corporation.
An experienced divorce lawyer can negotiate with your spouse’s attorney to hammer out an agreement that lets you maintain control of your business. That improves the odds it will continue in operation and provide a source of income once you exit the marriage.
Demanding the Family Home in Divorce
This is another possible landmine many women and men stumble into. Some people assume they want the home, especially if housing prices are too high in the area and they don’t want to move. But a home comes with considerable maintenance costs: lawn care, new roof, garbage disposal, updated appliances, to say nothing of exploding insurance and property taxes. Suddenly, your home could be draining your savings.
Instead of immediately assuming you want the house, let’s go over your marital assets and devise a game plan for what you should request. Some people are better off requesting retirement accounts which can grow in value with less cost.
Speak with a Divorce Lawyer in a Private Consultation
When handled properly, divorce should set you up for success. Unfortunately, too many people make mistakes when handling their own divorce and end up in financial trouble. Contact Fontenot Law, P.C. to schedule a time to meet.
