Top Mistakes You Can Avoid in Negotiating a California Divorce

Few things go exactly to plan in life. Unfortunately, this also applies to our marriages. Regardless of what ultimately went wrong or how you found yourself facing the prospect of divorce, you owe it to yourself and your future to put your best foot forward when navigating through the divorce process.

It is important to recognize the complex task ahead, one that is often hampered by (understandable) strong emotions and, often, a fierce desire not to be going through a divorce at all. It is critical to your ultimate success that you approach the divorce negotiation with a strategic plan. In crafting your approach, keep in mind some of the following avoidable mistakes that you can actively work to avoid.

• Do Not Let Emotions Reign: Even if all love has died, divorce itself is filled with stress and anxiety. If nothing else, your life is changing and that can lead to a lot of issues to iron out. Decisions that are fueled by fear, guilt, heartbreak, or a simple desire to just be finished with the thing already – these are the decisions that people often live to regret years down the road. The divorce settlement may impact you for the rest of your life. Remember to do what is best for you long-term.
• Consider Long-Term Impacts: How will the divorce affect your finances? How will it affect your ability to retire? Will the division of your assets affect your ability to continue in your current lifestyle? Will the agreement you come to allow you to stay in your home? What do you need in order to best ensure that your life looks the way you want it to in 10 years? Remember, your future depends on these negotiations – treat them with care.
• Do Not Feel Pressured to Rush: There are situations when you will want to take your time. Trying to simply grit your teeth and get to the other side of the divorce will often lead to an agreement that does not serve you well or one that overlooks key items or issues that are important to you. As hard as it may be to stay in the fight, remember that your future is worth fighting for.
• Establish Communication Channels: Poor communication almost always leads to misunderstandings, time lost, and unnecessary conflict. The courts look favorably on individuals who maintain a dignified presence in the midst of proceedings. Effective communication does not mean that you have to always give in to your ex-spouse. However, clear and dignified composure goes a long way in actually getting your case across the finish line in a timely way.
• Do Not Forget to Update Estate Plans: Under California law, a finalized divorce will “revoke the appointment of property” or gifts that were slated to be inherited by the former spouse while the couple was together. It also revokes any power of appointment granted to the spouse or that spouse’s nomination as a fiduciary. Is this what you want? What DO you want? If it is not recorded in your estate plan – the courts and your intended beneficiaries will not know. Review your will and estate plan. Continue to review it over the next several years as important family changes arise. This is the best way to ensure that your estate will be distributed according to your true wishes.
• Do Not Ignore Legal Advice: Divorce attorneys have seen thousands of iterations of similar problems. This experience allows them to identify and avoid potential pitfalls long before they become issues.

Contact the Law Office of Bradley S. Sandler

Contact the experienced divorce attorney at the Bradley S. Sandler Law Office for your initial free consultation to discuss the next steps forward in your own divorce case.