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  • Writer's pictureWarren Luccitti, Esq.

Top 7 Mistakes When Getting a Divorce

Divorce papers, Divorce attorney

1) Thinking That a Divorce Is a Matter of Filing Papers

Don’t fall into the trap of thinking that divorce is just a matter of filing papers. Not every case is the same. Each situation needs to be analyzed and tailored to meet your specific needs. Your divorce attorney can do just that, as he or she knows the laws and has experience navigating the legal process.

2) Not Knowing How to Present a Case

It is important that your case is presented before the Court in a manner that places your position in the best possible light. Your divorce attorney will work hard to make sure that the Court has a favorable impression of you and your case, appearing with you in Court and making sure you avoid costly mistakes.

3) Being Unfamiliar With the Court System

Just walking into a courtroom can be an intimidating experience. It’s something most people are not familiar with, and a misstep could have disastrous consequences. An experienced lawyer can help guide you through this often confusing process. The paperwork involved in a divorce can also be difficult to understand. In Arizona, the law does not require you to hire an attorney to file for divorce. As a result, many people choose to submit papers that they have filled out on their own or with the help of a document preparation service. The result is that thousands of documents are rejected by the Arizona Courts each year. Even worse, many people are given the wrong legal advice by people not licensed as attorneys. This bad advice can cost you thousands of dollars, or even cost you valuable legal rights. Attorneys are licensed and authorized by the State of Arizona to give legal advice, nobody else can and nobody else should.

4) Believing That Because You’re Right, You’re Going to Win

Most people believe they’re right, and that because of that, they should easily get what they want. However, the facts and the law will determine whether or not you gain a favorable result in your divorce. An experienced divorce attorney will understand the realities that you face and will be able to tell you what you're up against, all while keeping your best interests at heart. The surest and safest way of increasing the probability of success is hiring a lawyer whom you can trust and communicate with.

5) Losing Objectivity

The end of a marriage is an emotional ordeal. Many people fail to understand that when they're involved in a relationship that's breaking down, they often lack objectivity. Even though it will be difficult, this is the time to separate your emotions from the facts. The Courts will follow a rational, straight-forward approach, and your attorney can provide that objectivity while representing you and your position.

6) Not Hiring an Attorney When Your Spouse Does

If your spouse has hired an attorney, then you will be dealing with opposing counsel during the proceedings. Going through these proceedings without representation will place you at a disadvantage:

  1. First, your spouse's divorce attorney knows more about the law and divorce strategies than you do.

  2. Second, opposing counsel also knows how to properly present a case before the Court; after all, it's what he or she does for a living.

  3. Last, opposing counsel is objective and rational, and knows how to win. Hiring a lawyer to handle your divorce helps level the playing field, and improves your chances of protecting your rights and assets.

7) Getting In Over Your Head

A divorce involves a great investment of time and energy. Working people, including homemakers, don’t have the time and energy to devote to divorce, custody, and support issues. An attorney will free your time and energy so you can focus on your work and children rather than on what you’re going to do next in your divorce proceeding or how you’re going to do it. Hiring an attorney is the “peace of mind” you need at a stressful time.

As you may have gathered from this information, we do not recommend going through a divorce or any other family law matter without an attorney. Contact The Luccitti Law Firm here.


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