Being Too Nice During an Oklahoma Divorce Can Cause Pain Later

October 20, 2012

Being Too Nice During an Oklahoma Divorce Can Cause Pain Later

When couples divorce, many strive to make the split amicable. Whether it be because they need to continue to have a relationship as parents of children from the marriage or they believe a friendly divorcewill be less emotionally taxing, some couples make a concerted effort to maintain a civil, even cordial, tone during the proceedings. However, in the effort to be considerate to a former spouse, a person may inadvertently sabotage his or her chances for financial security after the divorce. Oklahoma residents should be aware of the common pitfalls that emerge when people are too nice during divorce.

Keeping the Marital Home

In some cases, the spouses will agree that the parent who has primary physical custody of the children will keep the house in an effort to minimize disruption to the children's lives. However, in doing so the spouse remaining in the home often foregoes a claim to cash or other more liquid assets such as stocks, investment accounts or retirement funds. Many couples do not examine the worth of the home compared to the remaining mortgage balance and whether one spouse can afford to remain in the home after the divorce.

It may not be in either spouse's -- or the children'-- best interest for one of them to keep the marital home, if it sends that spouse into a financial tailspin, and the effort to help could end up being a hindrance.

Not Having All Information

Some people confuse being nice during divorce proceedings with being a pushover. Instead of demanding full financial disclosure from their soon-to-be-ex-spouses, people simply believe whatever the other party tells them about the family's finances.

It is important for people to have a complete picture of the family finances before agreeing to any property settlement. They should have documentation of all the couple's assets, liabilities, income and expenses. They should also obtain copies of legal documents such as titles, deeds, account numbers and information and estate planning documents.

Without a thorough understanding of the financial situation, people may end up agreeing to things that hurt them financially in an effort to be cooperative and not know what they have done until it is too late.

Going It Alone

Some people may believe that the divorce will go more smoothly if the two spouses work things out between themselves without involving lawyers. However, divorce involves complicated financial issues and the well-being of any children from the marriage. People should use financial advisors and other third parties to help settle things like child support and property division so that people do not make mistakes they cannot undo.

Having a seasoned family law attorney who can advocate for a person's interests during a divorce helps ensure a just property division. If a person hires an attorney who believes in cooperation during divorce, the tone of the divorce can remain civil, with the added benefit of having a professional involved in the matter to ensure things are done properly.

Article provided by Branch & Hurtt Law Firm, P.C.
Visit us at http://www.branchhurttlaw.com