What Should I NOT Do During a Divorce?

What Should I NOT Do During a Divorce?

During a divorce in California, you should avoid actions that could harm your legal standing, financial future, or relationship with your children—such as hiding assets, badmouthing your spouse, violating court orders, or making impulsive decisions.

Summary:
Making the wrong moves in a divorcev can lead to bigger problems. Avoid hiding assets, speaking negatively about your spouse to your children, ignoring court rules, making major financial changes without legal advice, or rushing into new relationships. Each misstep can affect the outcome of your divorce case.

What Are the Biggest Mistakes to Avoid During Divorce?

When you’re navigating a divorce, your actions matter—often more than you think. Here are some key pitfalls to steer clear of:

  • Hiding or dissipating marital assets
  • Disobeying temporary court orders
  • Using your children as leverage
  • Making large financial changes or purchases
  • Letting emotions drive your actions
  • Posting about your divorce on social media
  • Starting a new romantic relationship too soon

Why Is Hiding Assets During Divorce a Bad Idea?

Trying to conceal income, property, or debts during divorce is not only unethical, but it’s also illegal. California law requires both spouses to fully disclose all assets and debts. If the court discovers hidden assets, you could lose credibility, face serious penalties, and jeopardize your share of marital property. Transparency is key.

What Happens If I Ignore Court Orders?

Temporary court orders—about property, custody, or support—are legally binding. Disregarding these orders can lead to fines, loss of parental rights, or even contempt of court charges. Always follow the court’s instructions and consult your attorney if you’re unsure.

Should I Talk About the Divorce to My Children?

Children are deeply affected by divorce. Avoid speaking negatively about your spouse or using your children as messengers. Negative comments can damage their emotional well-being and may be viewed unfavorably by the court when determining custody. Focus on supporting your children and keep adult issues between adults.

Can I Make Major Financial Changes During Divorce?

California’s automatic restraining orders prevent spouses from making significant financial moves—such as selling property, changing beneficiaries, or taking on new debt—without court approval. These rules are in place to keep things fair. Talk to your attorney before making any financial decisions.

Why Shouldn’t I Let Emotions Drive My Decisions?

Divorce is emotional, but acting on anger or sadness can lead to poor choices that have long-term effects. Avoid sending angry texts, making threats, or trying to “win” at all costs. Keep your focus on reasonable, long-term outcomes.

Is Posting About My Divorce on Social Media a Problem?

Yes. Anything you share online can be used as evidence in court. Rants, photos, or financial bragging can harm your case. It’s best to avoid social media posts about your divorce until your case is final.

Should I Start Dating Before the Divorce Is Final?

Jumping into a new relationship during divorce can complicate matters, especially if children are involved. The court may scrutinize your choices and how they impact your kids. It’s wise to wait until your divorce is complete before starting something new.

Why Choose The Law Offices of Judy L. Burger?

At The Law Offices of Judy L. Burger, we’ve guided countless clients through divorce in California. Our team understands the legal, financial, and emotional pitfalls that can arise. Judy Burger is a California Certified Family Law Specialist with decades of experience, and she provides practical advice, strong advocacy, and clear communication to protect your interests and your family. We focus on helping you avoid costly mistakes and achieve the best possible outcome.

FAQ

Q: Can I move out of the family home during divorce?
A: You can, but consider the impact on custody and property rights. Discuss your options with your attorney first.

Q: What if my spouse is hiding assets?
A: Inform your lawyer. We use discovery tools to uncover hidden property and ensure a fair division.

Q: Can I change my child’s school or doctor during divorce?
A: Usually, you need the other parent’s consent or a court order. Making changes without approval can harm your case.

Q: Is it okay to sell joint property before the divorce is final?
A: No. Automatic restraining orders generally prohibit selling, transferring, or disposing of assets without court permission.

Q: Do I have to communicate with my spouse during divorce?
A: Some communication is necessary, especially if you share children. Keep it civil, brief, and focused on practical matters.

Contact The Law Offices of Judy L. Burger Today

Mistakes during divorce can have lasting consequences. Get experienced guidance and powerful advocacy from The Law Offices of Judy L. Burger in California.

Contact us for a confidential consultation and let us help you protect your future.

Five Mistakes to Avoid When Getting Divorced

Caution1This article should be filed under the heading, “Things clients should ask, but don’t.”  Granted, getting divorced is rarely a walk in the park, so it is very understandable when clients are too stressed to think clearly and ask all of the pertinent questions.  That’s one reason we welcome phone calls and emails between meetings.  An informed client is an empowered client, and mid-divorce is a good time to feel empowered.   So, without further ado, here is a list of five mistakes to avoid when getting divorced.
  1. Rushing.  It is natural to want to get it over with, but the decisions you make now may affect you and your children for the rest of your life.  Take your time and consult your lawyer to help you consider all of the potential ramifications surrounding a settlement before you accept any offer from your soon-to-be ex-spouse.
  2. Taking legal advice from your stylist.  The easiest divorce is a complicated matter, and it can get even more complicated when you add children and significant assets.  The average non-lawyer does not know what you ‘should’ get in a divorce, and more than likely does not know everything about your circumstances. Let your well-meaning friends offer emotional support, then change the subject.
  3. Forgetting that equitable does not mean equal.  A couple’s assets and liabilities will be equitably divided based on the individual circumstances of the case, including each party’s expected earning capacity, the value of separate estates, individual income needs, and so on.
  4. Forgetting to consider tax consequences.  We are not a tax law firm, but even we know that alimony is deductible for the payor but child support isn’t.  Rather than agreeing to pay additional child support relative to extra curricular activities or non-covered medical expenses, opt to pay a little alimony for a period of time not to exceed the number of years until the children reach adulthood.  Vice versa if you are the probable recipient of alimony – ask for extra child support instead.  Of course, you should consider all of the potential tax consequences and while we are not experts, we can help  you find one.
  5. Hiring a second-rate lawyer or deciding to forego a lawyer altogether.  It should go without saying, but say it we must.  You should not represent yourself in a divorce any more than you should perform surgery on yourself.  You wouldn’t cut out your own tumor or have it done at Wal-Mart.  Yes, I’ma lawyer and this tip may seem self-serving, but skimping on a lawyer  during your divorce is one mistake you will wish you never made.  Find someone with the right combination      of experience, tact, and tenacity to get the job done right the first      time.
And finally, a bonus tip.  If I’ve heard it once, I’ve heard it a million times: “If I knew then what I know now, I never would have married him/her.”  It’s worth the time and money to hire an attorney before you get married to discuss how community property rules work in California and what you can expect to be the issues if your potential marriage does not work.  While we can’t predict whether Mr. or Mrs. Right will turn into Mr. or Mrs. Crazy, we can explain basic divorce law and recommend the best options for protecting your assets. At the Law Offices of Judy L. Burger, we will aggressively pursue the best outcome possible for you in your divorce or custody proceedings.  Judy L. Burger is known for her tenacious representation of clients in high conflict cases in and around the San Francisco Bay and Sacramento areas.  If you are a parent facing a divorce or custody dispute, call us today to learn more about how we can help.  Call (415)293-8314 in the San Francisco Bay area or (916)631-1935 in the Sacramento area, or contact us online via our confidential inquiry form.