Disclaimer: This article aims to provide educational information surrounding divorce. It is not intended to serve as legal advice. Consult with a lawyer and exercise your discretion before taking action based on the information provided in the blog.
Having assisted numerous couples through the ups and downs of divorce, we’ve learned a thing or two about the challenges that arise during this difficult time. Our experiences have given us valuable insights into the mistakes that couples often make, and we’re here to share our knowledge in the hopes of helping others navigate the process more smoothly.
This article will share five common mistakes couples make when deciding to separate and divorce.
Common divorce mistake #1: Recording your spouse
In Ontario, recording conversations under the “one-party consent” rule is generally legal, meaning one participant’s consent suffices. However, recording conversations involving your ex-spouse and a third party without consent is illegal. Whether these recordings can be used in court depends on factors like relevance and authenticity, as well as the best interests of the child.
Although technically legal, secretly recording your ex-spouse may damage trust and hinder effective co-parenting. Additionally, the courts often view such recordings unfavorably. Therefore, it is far better to prioritize open communication and seek legal advice.
Common divorce mistake #2: Failing to revoke surveillance access
When one spouse moves out of the marital home, you should prioritize revoking access to any outdoor surveillance cameras to respect privacy and prevent potential conflicts. Allowing continued access to surveillance footage can lead to accusations of spying or invasion of privacy, which can exacerbate already tense situations.
To avoid disputes over surveillance rights and maintain trust between spouses, addressing access to surveillance systems when one spouse relocates promptly is crucial.
Common divorce mistake #3: Leaving the matrimonial home without a parenting plan
Moving out of the matrimonial home before establishing a clear parenting plan and custody arrangement can complicate matters and put the leaving spouse at a disadvantage. In our experience, when there is no formal agreement, the parent who moves out typically needs to fight for more parenting time.
To ensure a fair outcome, both spouses should work together to develop a comprehensive parenting plan before any changes in living arrangements occur. In a previous article, we talked about how you can build your parenting plan.
Common divorce mistake #4: Involving your children in parenting matters.
Divorce can be emotionally challenging for children, and involving them in discussions about parenting time arrangements or conflicts can have lasting adverse effects.
Children may feel torn between their parents or experience anxiety about the future. A child may tell each parent what they think that parent wants to hear, not how they actually feel. You may not be getting to the root of what is truly in the best interests of the child.
It’s essential to shield children from adult matters and prioritize their emotional well-being during divorce. Parents should avoid discussing legal or parenting issues in front of their smaller children and seek professional support to address any concerns.
Common divorce mistake #5: Assuming going to court is your only option.
Many couples fail to recognize the advantages of mediation for resolving disputes and achieving agreements outside of court. Mediation presents a collaborative and cost-effective alternative to conventional litigation, meaning you retain greater autonomy in how your family moves forward. You can forge mutually agreeable resolutions regarding custody, support, and property distribution by collaborating with a skilled mediator.
Additionally, collaborative family law, another option similar to mediation, can also offer couples a cooperative approach to resolving conflicts and crafting agreements in a supportive environment.
The biggest divorce mistake: Failing to seek solid legal advice for the answers you need
The impact of bad advice in matters of divorce and family law can be significant and far-reaching. The consequences can extend beyond the immediate legal proceedings, affecting your financial stability, emotional well-being, and long-term prospects. That’s why seeking counsel from reputable and experienced family law professionals is crucial.
At Plat Simionati, we provide accurate, reliable, personalized guidance tailored to your circumstances. We focus on family law and offer legal advice, mediation and collaborative family law services. By choosing the right advisors, you can minimize risks, protect your interests, and navigate the complexities of divorce with confidence and peace of mind. Reach out to our team today!