2 Mistakes To Avoid When You First File For Divorce

25 February 2019
 Categories: , Blog

If you have either filed for divorce or getting the paperwork ready, you may believe that simply filing breaks any obligations you have toward your soon-to-be ex-spouse. However, if you start acting with this line of thinking, you run the risk of making a couple of mistakes that you should never make when you first file for divorce.

1. Leaving and Taking Your Children Without Your Spouse's Knowledge

Especially if you are fed up with your spouse, your first instinct may be to pack up your bags, gather your children together, and simply leave the house without your spouse even knowing what is happening. However, unless you are dealing with an abusive situation, you should never just up and leave, especially with your kids.

This mistake could come back to haunt you in a couple of ways. First, since you took the children without the other parent's permission, you could face criminal charges. At the very least, the court may order that you return the children and limit your ability to see them until after the matter is settled in court.

Second, as far as abandoning the house, this action could be misconstrued as you not wanting the property. Depending on the laws in your area, you may end up forfeiting your property rights, as well as any money from its sale if this were to happen.

2. Taking Your Spouse off Your Health Insurance as Soon as You File

Another mistake that you must never make when you first file for divorce is immediately taking your spouse off of your insurance plan, especially if the plan is their sole coverage. While you may do this because you no longer want to pay for their coverage, this action may wind up costing you more money in the future.

Until you are legally divorced, you and your spouse are still married, meaning that you are still partially responsible for their bills. If your spouse were to become sick or injured after you have filed and removed them from the plan, the court may require that you pay for part or all of their medical expenses. To avoid this, it is better to keep them on the plan until the divorce is finalized.

Avoiding the above mistakes can help save your headaches and money in the future, as well as help you in any further court proceedings. If you have not yet done so, consider consulting with a divorce lawyer for guidance before you take any actions.