Top 10 Common Divorce Mistakes to Avoid in California

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Top 10 Common Divorce Mistakes to Avoid in California

When couples start the divorce process, they may make mistakes before understanding how they should act during legal proceedings. These mistakes can jeopardize the outcome of their case. Knowing the top 10 common divorce mistakes to avoid in California is essential to protecting your rights and future happiness.

Take Control of Your Case and Hire a Divorce Lawyer

Hoffer Family Law Firm has been a pillar in California’s legal community for years. Founding attorney Jeffrey Hoffer takes pride in his ability to make a real difference in his community. Since 2015, Hoffer has never let his professionalism falter. Because of this, Super Lawyers Magazine has continued to include him in their exclusive selection as one of the top lawyers in America. 

GoldLine Research has recognized his achievements and named him as one of the Ten Most Dependable Family Law Attorneys of the West. However, awards and recognition are not guarantees of future results. Selection criteria vary by organization.

Top 10 Common Divorce Mistakes to Avoid in California

In 2024, 7% to 10% of California residents were divorced. While this process can be difficult, it was designed to be as accessible as possible with the help of an attorney. However, how you behave during your case can have severe ramifications on the outcome of your case.Common mistakes during divorce include:

  1. Not understanding how California’s legal process fully works. As a part of his dedication, Hoffer has written a book, Ending Your Marriage in California: A Guide for Divorcing Wisely, to help new clients understand California’s complex legal process. This free book is available for order through our firm’s website. 
  2. Trying to get revenge. Although your divorce may feel like your entire life right now, once it is over, you get to move forward in your life. Trying to get revenge during your case is not worth it.
  3. Acting combatively with your spouse. If you argue or fight with them, it can make them less likely to cooperate and have negative consequences on the outcome of your case. If they try to fight with you, don’t engage. Instead, send proof of this to your attorney as evidence.
  4. Wanting to rush the process to get it over with. Remember, the outcome of your case can impact the rest of your life. You should not leave anything to chance. Work with an attorney and go through the process without rushing.
  5. Not disclosing assets. In 2024, the average household income in California was $99,122, with the average home value being $734,700. If you try to hide assets, especially ones of significant value, the legal consequences can be severe and affect the rest of your divorce case.
  6. Not pursuing mediation. Mediation allows couples to resolve their legal issues without involving the court system. This helps you save time, money, and maintain control over the outcome of your case.
  7. Unnecessarily involving your children. Divorce is not only difficult for the couple, but it can have lifelong mental consequences for your child. Avoid badmouthing your child’s other parent to them, and don’t discuss your divorce case with your child if you can. 
  8. Posting about your situation on social media. Similar to arguing with your spouse, posting about your divorce on social media can easily lead to you saying the wrong thing, and that being used against you during your case. However, this doesn’t mean you should suffer in silence. Reach out to your family and friends to talk about your difficult experience. If you need, hire a therapist to work through your feelings.
  9. Ignoring your mental health. Divorce can have heavy personal impacts on couples, especially when their relationship has soured, and there are intense negative emotions involved. Take care of yourself, whether it’s by doing self-care, logging off of social media, or distracting yourself through your hobbies. 
  10. Trying to take on your case alone. Even if you and your spouse are on good terms and agree to avoid legal counsel, this is a bad idea. It’s vital to hire a skilled divorce lawyer. They have the necessary experience and knowledge of California law to advocate on your behalf and protect your legal rights. 

FAQs

Q: How Do I Choose the Right California Divorce Attorney for Me?

A: To choose the right California divorce attorney for you, you should do extensive research beforehand. If you work with the wrong lawyer with little experience, it could impact the rest of your life. 

When finding an attorney, read their Google reviews to see what real past clients have said about their experience working with them. Then, verify the law firm has a practice area page surrounding divorce. During your consultation, listen to your gut feeling about how the attorney acts.

Q: What Should I Do if My Spouse Tries to Hide Assets During Our Divorce Case?

A: If your spouse tries to hide assets during your divorce case, you should inform your attorney so you can let the court know about it. Hiding assets during divorce is unlawful, as each spouse needs to fully disclose their finances so the process of dividing property remains fair. Once you inform the court about this, they may award you 50% of the hidden asset, or 100% of the hidden asset in extreme situations.

Q: What Happens if My Spouse and I Can’t Agree During Mediation?

A: If you and your spouse can’t agree during mediation, your case may need to go to court, where a judge makes the decisions about your case. This can be detrimental to the outcome of your case, since the judge doesn’t know you or your family, and the decisions they make may go against your personal wishes. This makes it vital to cooperate during mediation. You can discuss your priorities with your attorney and what things you’re willing to negotiate on.

Q: What Are the Main Divorce Issues to Work Through in California?

A: In California, the main divorce issues to work through include how to divide your marital property, the topic of alimony, and child custody and child support, if applicable. You can generally work through these issues during mediation with your spouse, and if you can agree on a fair resolution, you submit a signed agreement to the court for final approval. During mediation, your lawyer can negotiate on your behalf and coach you on what to say.

Choose Hoffer Family Law Firm to Represent You

Hoffer knows how difficult and overwhelming divorce can feel. He’s here to support you every step of the way. Contact our office in Agoura Hills today to schedule a private case evaluation and learn how we can help you. We take on clients living throughout California, such as Los Angeles County and Ventura County.

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