Common Legal Issues To Avoid When Filing For A Divorce

Divorce is often regarded as the second most stressful event that can happen to a person, especially when a consensual divorce is not achieved. How the divorce will go depends on many factors, and most of them depend on whether the other spouse wants to cooperate or not, whether you have children together, and joint property.

When the other spouse wants to cooperate on the issue of divorce, it will be useful on both sides and will contribute to the speed of the divorce proceedings.

However, when this is not the case when the other partner opposes or does not want a reasonable agreement, nor does he/she want a consensual divorce, you are left with a marital dispute over a divorce lawsuit.

In any case, an experienced divorce lawyer can cushion some of the stress and help you complete the process faster and easier.

Common Legal Issues To Avoid When Filing For A Divorce 1

Some Things Should not be Delayed 

We are not encouraging divorce, nor do we say it should be the first step in “solving” any marital issues. Sometimes, postponing divorce can only make it more difficult and legally complicated afterward.

The issue becomes even more entangled as, after years of living together, you’ll have to face more disputes over property and shared ownership of the house, car, and another real estate you might possess.

In the case of a shared partnership in a business, we recommend talking to your legal team to achieve the best possible solution and thereby save the business while achieving a reasonable solution. 

File for Divorce with the Right Arguments 

Try to avoid the “I have been wronged” card while filing for a divorce and avoid “fault” divorces, as in some states these arguments are rarely sustainable or hold on. 

A “fault” divorce often refers to a situation where one of the spouses feels his/her partner has been unfaithful at some point, maybe has hidden something during the marriage, or maybe has shown signs of abuse during the relationship.

All these arguments, though on their own, are enough to file for a divorce; doing so using these things as arguments should not be your strategy. It is always better to consult a professional and find out more by hiring a divorce lawyer to give you guidance regarding the issue and make sure your rights are protected.

File for a regular divorce or make sure to address all these issues in a completely separate lawsuit; do not base your divorce case on these things.

Instead, in the case of abuse, you have a right to file a suit regarding the issue and claim compensation for the physical and psychological trauma endured during the marriage. 

How to Start it All 

Divorce proceedings are initiated through the preparation, signing, and filing of a lawsuit with the competent court, or through the preparation, signing, and submission of a proposal for a consensual divorce, also to the competent court.

Therefore, the procedure is initiated by a lawsuit or an amicable proposal, which contains the prescribed elements and the signature of the party or its proxy. The basic court is really competent for conducting the initiated procedure.

The court of the place of residence, i.e., the place of residence of the defendant, has territorial jurisdiction, and the court in which the spouses had their last joint residence also has territorial jurisdiction.

Anything Can be Equitable 

Or in other words, make sure to be prepared in the case of asset distribution as it can apply to anything from your home, car, business, or any other assets you might possess.

Simply said, before a divorce, or when the entire thing is still a notion rather than a plan, talk with your personal lawyer about the probable division of your assets and how you may operate your business or do things in case it actually comes down to it.

In most states, the law gives equal rights of property to both spouses regarding anything acquired during the marriage period, while prior assets might be less at risk.

Nevertheless, there are instances in which you can claim rights on your own, it depends on whether you had a premarital agreement of any kind. 

You Do not Nave to Move Out 

No matter what your partner might require, no one can throw you out of your marital home during the divorce process.

You have a right to stay there and the only time when it is even advised to leave the home is in the case of high tensions where possible abuse might occur. In such extreme cases, we advise seeking out alternative accommodations to prevent any further complications considering the divorce.

The last thing you need is your partner reaching out for any kind of abuse due to a heated argument you two had while the divorce was ongoing. 

We do know that the whole experience can be extremely stressful, yet by avoiding these legal issues and the mistakes people make, you can spare yourself a lot of trouble.

Therefore, patience and mutual understanding are the keys to achieving a peaceful separation. 

Julie Higgins
Julie is a Staff Writer at She has been working in publishing houses before joining the editorial team at momooze. Julie's love and passion are topics around beauty, lifestyle, hair and nails.