Divorce mistakes can make a difficult situation even worse. Although some errors might seem like minor oversights, they can have drastic consequences long after spouses conclude their divorces. These mistakes can lead to both emotional and financial issues, from parenting time and legal custody to tax issues and real estate. Fortunately, it should be easy to avoid these divorce mistakes once spouses become aware of them. Online research can help spouses become aware of the most dangerous mistakes – but a consultation with an Arizona divorce lawyer provides more targeted advice. Contact The Sullivan Shick at (480)719-2558 to learn more about these dangerous divorce mistakes.
Mistake #1: Not Considering Tax Implications
Tax implications can complicate an already complex property division process in Arizona. Spouses might struggle to think about taxes, especially when there are already difficult questions about separate property, inheritance, and commingled assets. However, every spouse should speak with their divorce lawyer (and perhaps their accountant) about the tax implications of property division.
A spouse might eagerly accept a lucrative asset during property division – only to realize that it comes with a high tax burden at the end of the year. Spouses must consider these factors when determining the true value of assets. Aside from property division, spouses should also educate themselves about the tax implications of spousal support. Ever since a notable change in 2019, alimony payments are no longer tax-deductible in Arizona. To learn more about the tax implications of divorce, contact The Sullivan Shick.
Mistake #2: Not Staying Off Social Media
Social media can lead to numerous problems during divorce, and most divorce lawyers recommend that clients pause their profiles until the legal process is over. Controversial comments, pictures showing substance abuse, and angry rants can all be disastrous. Even updating a relationship status after meeting someone new can be problematic.
Arizona family courts readily accept social media evidence. This evidence might raise questions about concealed or wasted assets. For example, a spouse might post a story while gambling away the family fortune at a casino. A social media post can also call parenting abilities into question. This is one of the easiest divorce mistakes to make, because even if a spouse posts something and deletes it later, someone may save a screenshot. For these reasons, it is best to take a hiatus from social media during divorce.
Mistake #3: Parental Alienation
Parental alienation is when one parent tries to turn their child against the other parent. According to an article in Developmental Psychology, parental alienation occurs when a spouse “promotes negative themes that focus on the other parent’s real, exaggerated, or imagined deficiencies and wrongdoings.” One simple example is insulting or criticizing the other parent in front of the child. A parent may also force a child to “pick sides” during the divorce. Another form of parental alienation is refusing to comply with the child custody schedule, perhaps arriving late to custody transfers. In some cases, spouses refuse to let their children see the other parent. The most extreme form is attempting to take the children out of the state without permission, which is a criminal offense (kidnapping).
Both family courts and psychologists understand that parental alienation is incredibly harmful. Family courts in Arizona strive to act in the best interests of children, and they therefore take action against any parent who engages in this behavior. The Arizona Legislature lays out various factors to consider when determining child custody. One of these factors is “which parent is more likely to allow the child frequent, meaningful, and continuing contact with the other parent.” In other words, if a spouse encourages a healthy relationship between the child and the other parent, they are more likely to experience positive custody results. Parental alienation is an ill-conceived strategy that almost always backfires.
Mistake #4: Attempting to Conceal Assets
Any attempt to conceal assets also has a strong chance of backfiring. High-net-worth spouses in Arizona often attempt this, perhaps drawing upon their financial knowledge, offshore accounts, and cryptocurrency holdings. However, spouses may quickly learn that their financial strategies are not as effective as they believe. Forensic accountants can track down most concealed assets – even crypto tokens held on “invisible” wallets.
A spouse who conceals assets during divorce faces serious consequences. This is a violation of the “fiduciary duty” that exists between married couples. Asset concealment is also a type of perjury, which is a criminal offense punishable by incarceration. In addition, spouses may find themselves facing contempt of court charges. At the very least, spouses can expect financial consequences. Family courts may order guilty spouses to pay the legal fees of their ex orhand over more assets during property division.
Mistake #5: Doing Nothing During the 60-Day Waiting Period
Arizona enforces a mandatory, 60-day waiting period for spouses who wish to divorce. Many people assume that they must literally wait during these two months, but spouses can make serious progress even if they cannot move forward in court. The waiting period represents an excellent opportunity for spouses to discuss their goals and priorities with each other.
Many spouses begin mediation or other alternative dispute resolution methods during the waiting period. Mediation is a private, formal process that occurs outside of court. Arizona allows spouses to avoid litigation and instead make divorce decisions on their own. An unbiased, independent mediator can guide these discussions and help spouses reach compromises. Spouses can decide how to handle alimony, property division, child custody, and child support. However, Arizona family courts have the authority to reject any decisions that do not serve the best interests of children.
Contact the Dedicated Colorado Family Law Attorneys at The Sullivan Shick Today
Each divorce is slightly different, and each spouse may be more vulnerable to certain divorce mistakes. For example, a spouse who has no social media does not have to worry about problematic online statements. On the other hand, a spouse with cryptocurrency holdings may be more likely to engage in asset concealment. To avoid mistakes in a targeted manner, it makes sense to discuss the unique aspects of each divorce alongside an experienced Arizona divorce lawyer. Call (480)719-2558 – and continue this important discussion at The Sullivan Shick.