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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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