Divorce can be a stressful and emotionally volatile time. This emotional pressure makes it crucial to avoid costly mistakes during the process. What you do today can affect your custody of your child, as well as which assets you can walk away with.
Mixing separate and marital property
In Michigan, property is divided into two categories. Marital property refers to assets belonging to you and your spouse, and is typically subject to division during a divorce. In contrast, separate property refers to assets that solely belong to one person. The mistake of commingling occurs when these two distinct property types are mixed.
Michigan law gives courts broad authority to distribute property equitably. However, commingling can interfere with the court’s ability to determine which assets are marital, making it more difficult to achieve a fair distribution.
Treating custody like a battle
Another major mistake you need to avoid is treating custody like something you must fight for and win. Failing to cooperate with your spouse can show an unwillingness to co-parent, which may harm your position.
In Michigan, custody decisions prioritize the best interests of your child. This means that court-ordered parenting time focuses on what your child needs rather than what each parent prefers. This can help ensure that your custody agreement maximizes your child’s safety and stability.
Hiding financial records
Courts expect full financial disclosure from both spouses. Being dishonest can affect settlement talks, temporary orders and final rulings. If the court suspects you are withholding important financial information, you may face problems such as:
- Higher legal fees due to additional financial investigations
- Delays that keep you in temporary arrangements longer
- Loss of trust, making it harder to reach an agreement
It is important to be honest with your financial disclosures. One of the best ways to do this is to build a clear paper trail. When it comes to divorce settlements, the evidence you present can impact the court’s decisions.
Protecting your interests during divorce
Understanding these pitfalls helps you make wiser decisions during a divorce. By approaching the process with honesty, respect and care, you can protect your assets and preserve your relationship with your child.