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Get your questions answered - Call us for your free, 20 min phone consultation (510) 391-4142

  • By: Sandra Banks, Esq.
Avoiding mistakes during a contested divorce - legal consultation in California - Law office of Sandra F. Banks

In this article, you can discover…

  • How hiding assets can negatively impact your divorce case.
  • Steps you can take to use social media wisely in light of divorce.
  • Why involving your children in a divorce can be a costly mistake.

Why Is It Important To Avoid Hiding Assets, And What Are The Penalties If I’m Found Doing So?

The penalty for hiding assets is quite severe. Hiding assets, also known as a “breach of fiduciary duty,” can cause the courts to take those assets and award them to the other party if your concealment is discovered.

For example, if you’ve hidden $1,000,000 and this is uncovered, the courts may take the entire amount and award it to your spouse. Had you been upfront about the amount, your spouse would have been entitled to $500,000 in a 50-50 split, leaving you with the other half.

Concealing assets leaves you with nothing at the end of the day if you’re caught, and it’s always best to be upfront about what you own.

Why Should I Avoid Making Impulsive Financial Decisions During A Divorce?

When you initially file for divorce, automatic temporary restraining orders are put in place, which put legal limits on the amount of money you can move and for what reasons. You should not make large purchases after you file for divorce, especially as the other party can not be held accountable for the debt.

Let your attorney advise you on which financial decisions are wise, legal, and in your best interests. Making impulsive financial decisions will not help you in the long run, allow you to “hide” money, or give you any advantage in the courtroom.

How Can Social Media Posts Impact A Contested Divorce?

It is very important to carefully consider the wisdom and messaging behind your posts during a divorce. It’s surprisingly easy to post things that wind up painting you in a questionable light or that contradict statements you’ve made.

Assume that anything you post can and will be seen by the other party’s attorney and by the judge, especially if you have children and custody matters are involved. If you’re going through a divorce, it’s best to not post about your life at all during the process.

Why Is It A Mistake To Involve My Children In Divorce Issues?

Children are emotionally sensitive and don’t understand what is happening when adults don’t get along. Even if you have serious issues with the other party or valid complaints against them as a spouse, your children may still love that person and they may still be a good parent.

When you involve your children in your divorce, you are expecting them to pick sides, which can severely impact their emotional well-being. It’s important to not involve your children in your disagreements with the other party so that they can love both of their parents, even if in separate homes.

How Can Uncooperative Behavior Impact My Divorce Outcome?

If you refuse to cooperate with the other party, this can trigger Family Code 271, a section of California family law that allows the court to force you to pay the other party’s attorney fees. While divorce can be frustrating, upsetting, and even unexpected, it’s not a good idea to set up roadblocks to the process.

Instead, allow your attorney to understand the background of your marriage, fight for you in court, and represent you fairly and comprehensively before a judge.

I’m Tempted To “Win” At All Costs, But Is This Approach Worthwhile?

If you come to your divorce case with an “all or nothing” attitude, it’s going to cost you, financially and personally. It is not worthwhile. Bills for court-ordered property divisions can be expensive, in the tens of thousands of dollars. You could also wind up losing your children’s respect or love if you make hurtful or negative statements about the other parent or make the divorce process overly difficult.

The courts will rule equitably regardless, so it’s far healthier to come to the table reasonably and allow your attorney to help you negotiate while they stand up for your rights and interests.

How Can I Maintain A Sense Of Calm And Control Throughout An Emotional Divorce?

If you need help managing your emotions during a divorce, it’s best to seek the help of a counselor or join a support group. This can even take the form of online communications with people who’ve gone through the same thing.

Life doesn’t end just because your marriage has ended, and if you need to vent or let off steam, I’m available to listen to you at no charge. I’ll work to encourage you to focus on the positives in your life as well as take steps to improve your situation and look forward to a better future.

My job isn’t simply to handle the legal aspect of your case but to help you mentally, emotionally, and practically ready yourself for a healthy and productive life after divorce. Let me know what you need, and I’ll work to set you up for success.

Still Have Questions? Ready To Get Started?

For more information on Contested Divorce In Alameda County, California, an initial consultation is your next best step. Get the information and legal answers you are seeking by calling (510) 391-4142 today.

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