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Common Mistakes People Make in a Texas Divorce

It’s no secret that a divorce tends to be one of the most stressful things anyone can go through in their entire life. From having to deal with the end of your marriage, to potentially losing your home and custody of your children, the divorce proceedings can be emotionally and mentally taxing, which makes the entire process even more difficult.

And more often than not, this causes many divorcing spouses to make mistakes that don’t just hurt their position in the case, but may also affect their future. These risks highlight the importance of working with an experienced divorce attorney in Texas—one who can give you specific advice and work in your best interests.

With that being said, below are a few of the most common mistakes we have seen spouses make in a Texas divorce.

1. Using the Divorce to Seek Revenge

It’s completely normal to be angry during a divorce, especially if it’s one that caught you by surprise or one that was instigated by someone you know is responsible for your failing marriage. Be that as it may, however, you should never use the divorce process to get revenge on your ex and make life for him or her difficult, whether it’s by drawing out the case, refusing to budge when negotiating for assets, or vilifying your partner in front of the children.

For starters, this can make your divorce more expensive than it has to be, forcing both parties to use their separate property (which should have gone to their personal needs and those of their children) for legal expenses. In addition, if your goal is to “stick it” to your ex and the outcome of the divorce isn’t to your liking, you may end up harboring feelings of resentment for many years—years that should be spent healing and starting over.

2. Making Your Ex Look Bad in Front of Your Children

Aside from being cruel, attempting to make the other parent look bad in front of your children to get custody can easily backfire. Intentionally or not, talking badly about your ex to your children can needlessly hurt them, not to mention question whom they can trust—if their own mother or father is a “bad person,” then what does it say about everyone else?

Badmouthing your ex can also hurt your rights in a custody battle. If proven in court that parental alienation, or the practice of manipulating a child to have a negative view and relationship with the other parent, has happened, the judge may decide it is in the best interest of the children to spend less time with you and more time with your ex.

3. Lying

Whether it’s lying under oath or hiding your marital assets, the Court does not look kindly on individuals who are dishonest during legal proceedings. This extends to any affidavits, testimonies, and official court documents. The consequences of lying outright and lying by emission can range from:

  • Losing ground in your divorce case
  • Losing child custody
  • Facing fraud charges
  • Changing the terms of any settlements/agreements that have already been concerning community property, custody, and alimony among others

For more in-depth advice on how to navigate your way through a smooth divorce, sit down for a discussion with the legal team of the Lyttle Law. Get in touch with Austin family law attorney Daniella Lyttle by calling our offices at 512.215.5225 or by using our contact form.

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"Before finding you, I had contracted three different lawyers. You were able to quickly resolve and settle a case that I thought was impossible for settle. Because of your expertise and your professionalism, I was able to save thousands of dollars that I can now dedicate to my family. You were sharp, creative, and a strong advocate for me and my family in the Courtroom and in negotiations with the opposing side. Thank you so much for the work that you do!" T.F.
"Daniella, you helped me during the darkest and most difficult time in my life. You were always honest, gave me realistic expectations, and you were prepared for anything in the Courtroom and out of the Courtroom. I will be forever grateful for what you did for me and my children. Because of you, I feel that I got a settlement that will put me on the right path for this next chapter of my life as a divorced parent. Thank you and your wonderful team! you all are great!" A.R.
"Ms. Lyttle's name was given to me by a mutual friend who described Ms. Lyttle as an intelligent lawyer with an athlete's competitive spirit. Ms. Lyttle was a wonderful representative of calm preparedness during what became a lengthy and tenacious divorce litigation. I appreciated her knowledge, her calmness despite the fact that I was very anxuous, and her polite and respectful attitude in the courtroom, and outside of it. Ms. Lyttle helped me to stay focused on the larger picture, and her experience and advice came to me at a time when I was desperate and depended on her. I am glad to report I placed my trust in someone who actually delivered." R.E.
"I have known Ms. Lyttle for more than two years. She has represented me in my divorce and then in my modification/enforcement case in the most proffessional manner. Ms. Lyttle's ethics are of the highest standards. Her friendship , courtesy ,knowledge and honesty have become very important to me during the last two years as she represented me in my family law case. I have recommended Ms. Lyttle to a many friends facing family law matters and I know I can count on Ms. Lyttle should I need her again in the future." A.W.