Fair Cadora Blog
Posted By Fair Cadora, APC
About to begin a divorce, or already in the thick of one? Everything you do is just as important as all the things you do not do. Make one big mistake and your chances of upholding your best interests before the family law court could be diminished significantly.
Check out this list of seven divorce mistakes parties commonly make, and be sure to avoid them:
Leaving Wills & Trusts Untouched: One of the most common mistakes and possibly one of the absolute worst to make is not changing your wills or trusts after your divorce. Just because you are divorced doesn't’t mean your ex-spouse automatically loses rights to what you have set aside in your will for them. Forget to change it, pass away, and your ex-spouse could be getting a portion of your estate that you really wanted to go to your family or new spouse.
Insisting on Fighting: Divorces are represented in all forms of entertainment media as big legal battles between two spouses. With a collaborative approach or one that uses a form of mediation, you and your spouse could potentially side-step the worst fights and find an amicable solution. Before you dive into your divorce, talk to one of our attorneys about these alternatives to see if they could work for your case.
Involving your Children: It is crucial for everyone’s happiness that you keep your kids out of your divorce as much as possible. Telling them too much of the details can stress them out. Trying to make them side with you and not your spouse on day-to-day issues can be damaging, and the court might see it as you trying to create parental alienation; in such a case, you could be penalized, perhaps by rewarding more custody to your spouse.
Waiting for the Holidays to End: So many married couples intentionally wait for the holiday season to pass before filing for divorce since they are afraid of spoiling the spirit. All this really does is keep them in an unhappy marriage for that much longer, which increases the chances of the divorce becoming contested especially if adultery is involved not to mention added holiday alcohol that can turn a bad situation worse. The calendar should not dictate when you decide to file for divorce.
Forgetting about Property Taxes: The court will probably want to temporarily award the family home to whichever spouse gets primary child custody to maintain the children's routine. This looks like a huge victory on the surface but it can be big financial trouble when you consider property taxes, mortgages, and the cost of maintaining a typical home. If it looks like you are going to win the home but don’t think you can afford it, consider alternatives, like selling it for profit and keeping the majority.
Intentionally Increasing Debt: Sometimes spouses make the enormous mistake of thinking they are free to spend as they want just before a divorce and it won’t matter to them; they either think the debt is going to spill onto the main breadwinner or that it will somehow disappear due to the complexities of divorce. Neither is likely to be true. Debt is divided just like property (equally), but debt that was amassed by one person a brief period of time before a divorce is filed could be dropped onto their lap alone if it was done intentionally.
Settling Fast: It is a considerable relief to put your divorce behind you, but you should not rush to get to the end. Forcing yourself to settle for the first draft of your divorce agreement just to speed things up can sell yourself short in so many ways, it is not worth it. Review the stipulations of your divorce thoroughly with one of our attorneys to avoid regret years down the line.
Contact our San Diego divorce lawyers from Fair Cadora when you need help managing your divorce. We can provide both legal guidance and moral support that keeps your objectives and needs in the center of the entire process. Be sure to ask about how you can get a free initial consultation with our staff.
Posted By Fair Cadora, APC
Most divorces begin for a number of usual reasons, such as lost passion in the relationship or the parties have fallen out of love or irreconcilable differences. But for a select few, the reasons for pursuing divorce are quite a bit different than what you would expect. On this blog, we look at three divorces from around the world which began for particularly strange reasons.
A man in China married his beautiful wife, whom he was absolutely enamored with. Soon after, she birthed their first daughter, but much to the man’s dismay, the daughter didn’t look like either of them. In fact, the man described her as “hideously ugly.” Fearing that she would be accused of infidelity, she finally confessed to her husband that she had spent more than $100,000 on plastic surgery to get her stunning good looks. Sadly, there was no “beauty on the inside” moral to this story, as the husband then sued his wife, won, and obtained a divorce.
Too Many Pets
Pets are a big part of a marriage, and visitation or custody can be a huge issue in a divorce. But one man in Israel was surprised to come home one day and find that his wife had adopted not one, not two, but 550 cats. While he initially supported his wife’s decision, he eventually became fed up and filed for divorce after realizing how much of his income was being spent on cat food. That and he was also probably fed up of finding multiple cats in every single corner of his house at all times.
A Bad Gamble
A Russian man with a serious gambling problem was playing a poker game that was not going well. Having already lost his life savings, he believed his luck was about to turn around, so he bet the one thing he had left: his wife. His luck would not change, and he lost. When the winner showed up to collect his winnings, the gambler’s wife was so furious that she immediately filed for divorce.
Further twisting the knife for the gambler, the man who defeated him and his now-ex-wife began dating after the incident, and were married themselves not long afterward.
Whatever your reasons for wishing to file for divorce, the attorneys at Fair Cadora may be able to assist you. We have earned numerous recognitions for our client service and legal acumen, including Attorney Fair being named a Board Certified Family Law Specialist by the California Board of Legal Specialization.
Please call the firm today to schedule a consultation to discuss your options.