Some people might suggest that divorce is among the most stressful experiences after the passing of a loved one, and the process can certainly be challenging even under the best of circumstances. However, there are certain mistakes that parties make during divorce that can only make things worse. Unfortunately, while South Carolina’s divorce laws cover property division, alimony, and issues related to minor children, they do not offer much guidance. You may not know how to avoid critical errors until it is too late.
Divorce affects your rights, financial interests, and future, so it is essential to retain skilled legal counsel to advise you. In addition to the statute, there are complicated legal concepts and court procedural rules that apply. When you have help from a Charleston divorce lawyer, you avoid the biggest mistake of going without representation. Some other mistakes to avoid are:
1. Thinking of Divorce as Win-Lose:
State law encourages parties to agree on divorce issues, so you only frustrate the process by only looking at ways to win. A marital settlement agreement gives the parties control over property division and spousal support, whereas going to court means risk and uncertainty. Be open to communication and compromise, rather than make the mistake of seeking absolute victory at all costs.
2. Rushing Settlement:
There are advantages to settling, but it takes a thorough investigation to be able to assess fairness. Parties will make financial disclosures and have access to discovery tools, and there may be information that affects your decision-making in evaluating a marital settlement agreement.
3. Hiding Assets:
With financial disclosures and responses to discovery, you must be entirely honest, provide truthful statements, and deliver proper documents. Concealing assets to avoid having them considered for property division and spousal support is illegal, since you provide your answers under oath.
4. Not Looking for Hidden Assets:
Knowing this conduct is unlawful does not discourage some parties, possibly including your spouse. It is a mistake if you do not do some research beyond what is disclosed or provided in discovery. Never break the law to do so, however, as your lawyer knows the legal ways to find hidden assets.
5. Brushing Off Mediation:
This proceeding is an extension of settlement discussions, except that the conversation is guided by a trained mediator. This professional works to get the parties closer together on divorce issues and facilitate agreement where possible. If dissatisfied, you can take your case to court. Mediation is more likely to result in a positive outcome when you participate in a meaningful way, which will require you to be open to compromise.
A South Carolina Divorce Attorney Will Guide You Through the Process
When you retain experienced representation to assist, you can steer clear of these mistakes and eliminate some of the stress that accompanies a divorce case. For more information, please contact the Peck Law Firm. You can schedule a free phone or Zoom consultation by calling 843.631.7117 or visiting our website. Our office serves clients throughout Charleston County in all types of divorce cases, so we are happy to help.
Recommendations For Additional Reading
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How To Avoid Common Mistakes In a Charleston Divorce