Avoid These 12 Divorce Pitfalls
Navigating the divorce process can be scary, and there are countless
ways that your actions and decisions can impact your case! In this episode of
Divorce Team Radio Todd Orston, Partner at the Divorce and Family law firm of
Meriwether & Tharp, LLC, discusses 12 common divorce pitfalls that can hurt
your case, and ways to avoid them!
Speaker 1 (00:06):
Welcome everyone to Divorce Team Radio, sponsored by the
divorce and family law firm of Merriweather and Thorpe. I'm your host, Todd
Orton, and here you will learn about divorce family law from time to time, even
tips on how to save your marriage if it's in the middle of the crisis. If you
want to read more about us, you can always check us out
online@atlantadivorceteam.com. Alright, let's get started. So what I want to
talk about today, it is not something new. It is something that comes up
unfortunately too often and people call, I talk to people every day and they
call and everyone has a unique story of course, but there are commonalities.
There are things that come up in calls again and again and again and it's about
mistakes that people make, things they do that hurt them, don't help them. And
when you're dealing with a legal action, when you're dealing with a divorce or
some other kind of family law matter, any legal matter really, these mistakes
can have a long lasting impact. They can be serious enough that when you do
finally seek help, it may be too late, it may result in terms that will be in
place and you can't change for years and years and years and that's obviously
something you want to avoid. It's something that attorneys obviously fight every
day to avoid bad results for their clients. So today what I want to do is I
want to go over 12 of these things.
(02:12):
You need to understand 12 things that you need in order to
be successful to avoid some of these pitfalls. 12 things that if you follow
this short list and you do some of these things, it's going to sort of propel
you in a direction that is hopefully more beneficial to you. It's going to
avoid some of these pitfalls. I'm talking about these people that call me and
we talk about the things we're going to talk about in this show. They bring up
issues, they request things, they describe what has happened and I keep going
back to stuff we talk about again and again where I'm like, Ugh, had you only
done this? Had you done that? Had you thought of something and done something?
(03:13):
Unfortunately, here we are. Maybe an order has already
been entered, something has happened and undoing it. Oftentimes it's not
possible. I can tell you one thing, you must understand this isn't part of the
12. If you go through the process and it results in an order, just because you
don't like the terms of the order doesn't mean you undo. It doesn't mean you
get to have a do-over whatever happened in court. It is what it is and the
court's order more than likely is going to stand. It's going to be the order.
And so that's why these 12 things we're going to talk about are things that you
must keep in mind and they must govern your actions because if you ignore it,
if you ignore it, I'll just leave it at that. Then you just need to be ready to
deal with the consequences and those consequences could haunt you for a long
time. So let's start with the first one. Number one, if you represent yourself,
then you are your own attorney. Now what does that mean? There are people who
are listening who might be like, but I'm not an attorney. Well, you may hear
the term pro se litigant. Well, a pro se litigant means you are your own
representative. You are representing yourself.
(04:56):
And I understand, and I'm going to go into some of this a
little bit later, but I understand you may not have a choice. There can be
financial limitations, there could be issues where you just can't secure an
attorney. I get it. But if you represent yourself, then you have to embrace the
reality. You are your own attorney and therefore you, and this is, now I'm
getting into the issue here. You must understand the rules. I have people call
me and they're like, I did this on my own. I didn't know what I was doing.
That's not a defense. Or hey, the other party I went to court, the other party
had an attorney and that attorney was sort of dancing circles around me and was
making objections and was doing this and that. That's not fair, that's not a
defense. The court didn't let me talk.
(06:01):
More than likely it's not a defense because more than
likely it's going to turn out that it's not that the judge didn't let you talk,
it's that you didn't understand the rules, you didn't understand that the way a
court works, you don't just go in there and get to just say whatever you want
and throw documents up at the court and they consider everything you want them
to consider. There are rules that must be followed and I'm choosing words very
carefully, not can be followed, not should be followed, must be followed. And
if you don't follow them, then this very important evidence that you want the
court to hear, the court's not going to hear it.
(06:48):
So that's not a defense. I didn't understand the rules,
not a defense. Opposing counsel cited laws. How am I supposed to know the law?
I get it, I understand, but it's not a defense. So if you're going to represent
yourself, you have to understand the rules, you have to understand the process,
you have to understand if you have to go to a hearing, what that's going to
look like, how you need to govern yourself, how you can get the information,
turn the information into evidence. What I mean by that is there's information.
How do you turn it then into something that a court can consider as evidence.
And there are very specific ways to do it and there are some pieces of
information that will never become evidence, rules relating to hearsay and
other things, relevance, that you may not be able to get into evidence. You
need to know those rules, otherwise you will get objections. Or the court just
is simply going to say, no, no, no, we're not going there. That that's not
coming in.
(08:05):
I've had people call many times, oh, I submitted tons of
information before the trial and the court looked at none of it. Alright,
that's likely because you didn't present it and get it into evidence the
correct way. So it's not that the court was biased, it's not that the court was
doing anything improper has nothing to do with a relationship between the judge
and opposing counsel. It has to do with you just didn't do it the right way.
Submitting something and filing it prior to trial doesn't mean the court is
reviewing that at the hearing. You now have to make sure whatever you presented
in the form of filing things with the court that you are making sure it is
relevant. It's not hearsay, it doesn't break some other rules of evidence and
then you have to submit it. You have to get it into evidence the correct way.
So you have to understand the rules of evidence. Something else, if you do have
a hearing, if you're handling this on your own, one mistake, I'm sort of
tagging onto the end of this is make sure you get a transcript.
(09:23):
People will call all the time, oh, something unfair
happened or this was done or the court didn't order the right thing, something
was said during the hearing, but then the order reflected something different.
And the first question an attorney will ask is, okay, was this taken down by a
court reporter? Is there a transcript? The problem is that so often the answer
is no, I didn't think I need it. I didn't think or I didn't want to spend
whatever the cost was in order to have it taken down to pay my portion, my
share of the takedown cost. Huge, huge problem because even if a major mistake
was made, if the judge just did the absolute wrong thing, if you don't have a
transcript, you can't even appeal it because you can't prove what was done
during the hearing. One of the first things a court of appeals is going to look
at is the transcript or maybe the judge just forgot, took down the wrong no,
doesn't remember what was said. What's the best way to fix that? Hey judge,
here's a copy of the transcript. Remember you ordered this, but something
different was put into the order. Maybe it's even an order prepared by opposing
counsel. So you have to get a transcript. Alright, when we come back 11, more
of these tips that I'm pleased you have to adopt these things and it's going to
help you in whatever you're doing in terms of the law. We'll be right back.
Speaker 2 (11:05):
I just wanted to let you know that if you ever wanted to
listen to the show live, you can listen at 1:00 AM on Monday mornings, WSB, so
you can always check us out there as
Speaker 1 (11:15):
Well. Better than counting sheep, I guess, right? That's
right. You can turn on the show and we'll help you fall asleep.
Speaker 2 (11:23):
There you go. I'll talk
Speaker 1 (11:24):
Very softly.
(11:27):
Welcome back everyone to Divorce Team Radio, a show
sponsored by the divorce and family law firm of Merriweather Andt Tharp. I'm
your host, Todd Orton, partner at Merriweather Andt Tharp. And if you want to
read more about us, you can always check us out online@atlantadivorceteam.com.
And if you want to read a transcript of the show or go back and listen to shows
again or read other transcripts, you can find it@divorceteamradio.com. So
today, 12 incredibly important tips on basically relating to rather mistakes
that people make, issues that come up again and again and again that can have a
long lasting impact. And I'm talking not about a great impact, I'm talking
about a negative impact and a lot of times it's avoidable. So I started with if
you represent yourself, you're your own attorney, you have to educate yourself,
you have to understand the rules, the rules of evidence, the process discovery,
everything relating to the case, you need to.
(12:39):
Unfortunately, if you don't have an attorney who is well
versed in this, then you need to become your own representative, your own
attorney, which means it's going to take some work. All right, so number two,
let's now jump into that, get an attorney and please, I know as I say that some
of you are like, oh, of course the lawyer is saying get a lawyer. But if you've
listened to this show at all, this show is not about pushing you to call any
lawyer, even our firm. It's about information. It's about pushing information
out there so that you can hopefully benefit. And if you need us, obviously call
us.
(13:34):
But I will tell you that again and again and again and
again. People will call and they'll say, oh, I did this. I didn't get an
attorney. Sometimes the other side is also pro se and sometimes they have an
attorney and you can probably assume what the rest of that conversation looks
like, the outcome, it didn't go my way. And then the next question is, what can
I do? And oftentimes, unfortunately, if it's a final trial, the answer is not
much. We can talk about some things, motions for reconsideration or for a new
trial, but oftentimes there's so many missteps that the answer becomes there's
not much we can do. So the order is the order, and now we have to think less in
terms of how do we change that order, meaning have the court go back and change
it versus it's the order.
(14:32):
Let's see if there's anything now or at some point in the
near future where we can modify that order. So get an attorney and now let me
also be a little clear, more clear if there are financial or other constraints
where you can't just retain an attorney, just understand it's not a all or
nothing kind of situation if you can't retain an attorney, I understand, but at
the very least, okay, because so much is riding on this, seek out an attorney
just for some limited legal advice. There are options. So you can do a consult
with an attorney if you know you have some issues in a case, four core areas,
you have some custody issues, child support, maybe alimony is an issue,
division of property and debt. Oftentimes, if you're going to be doing things,
handling things yourself, representing yourself, then seek out an attorney.
(15:47):
And if you can't pay a retainer to retain them, okay, Hey
Mr. Or Mrs. Attorney, can I sit down with you? Can I pay for a consult where we
can look at some of my evidence, look at some of these issues and you can give
me some suggestions, advice, whatever. Hey, I have a hearing coming up, I have
mediation coming up. I have a final trial coming up. Can I meet with you? Go
over some things, ask some questions so that way when I'm representing myself,
I'm going to make fewer mistakes. I'm going to do things hopefully the right
way.
(16:24):
Some attorneys, you can even do limited representation.
They don't jump into the case. You have mediation coming up. You want someone
to maybe step in with you, not really enter the case, but be there to help you
at mediation. Okay? There are attorneys out there that may do that. So there
are options. Don't think, oh gosh, I can't retain an attorney and therefore I'm
on my own and there's no help to be had. Alright, let's jump to number three.
You have to understand the terms of orders. Now what do I mean by that? Again
and again and again and again, people will tell me that there was a court
hearing, there was something that an order was entered.
(17:20):
So the inquisitive guy that I am, I will then jump in
with, okay, well let's talk about the order. What does it say? And again and
again, the answer will often be, well, I'm not exactly sure. I've even had
people say, oh, I haven't looked at it. That is a major, major heart
palpitations kind of moment issue. When someone says that to me, I'm not going
to lie, I start to sweat a little bit because you can't ignore the terms of the
order. A, you can't ignore the terms B, certainly you can't ignore the fact that
the order exists. You can't say because it will never be a defense while I
didn't look at the order. So you have to understand the terms you have to
review. As painful as it might be, if you got your, you know what handed to you
in court, I get it.
(18:26):
The last thing you want to do is read a little story about
how things didn't go your way in court. But it's not a story, it's an order. It
now requires you potentially, I'm assuming here, but it potentially requires
you to do things or not do things, pay things, provide information, whatever
the case might be. And I can tell you once it becomes an order, violating that
order is not an option. You can't ignore it and say, oops, you can't not do the
things required and look at a judge and say, but I didn't understand because
this goes back to what I was saying before. If you're representing yourself,
you are your own attorney. I didn't understand, not a defense even a little
bit, I know I'm repeating myself, but this happens all the time. I wanted an
attorney, I was saving money, but I haven't been able to afford it yet.
(19:34):
Okay? The judge will look at you and say, I respect that.
I understand, but there's an order. So why did you not do the things I
required? And that can result in sanctions. If you don't do the things that you
are ordered to do, long-term, short-term sanctions, the court can immediately
sanction in the form of legal fees if it's really significant. And in some
situations it could even be jail. Very rare. I'm not trying to scare everybody,
but it's possible violating a court order is just that. It's a violation of a
court mandate, a required action you were supposed to do or not do something.
And if you find yourself back in front of that judge on a compliance issue, the
court's going to be looking at you saying, you better have a very good reason
why you ignore this court's order. Otherwise you will be sanctioned.
(20:32):
And also keep in mind that it's not just an order that
results from some kind of a hearing that you have. Sure you have a temporary
hearing, it results in an order that that's an order. You have a final trial,
it's an order. What about standing orders here in Georgia? Many if not most of
the courts have what's called a standing order. It's an order that's filed at
the very beginning of the case with every case and it requires or prescribes
different behaviors, makes sure everybody's on the same page to do or not do
certain things. And you don't even have to have a hearing on that. It's a
standing order.
(21:22):
And so you have to understand those terms as well.
Sometimes also referred to in some jurisdictions as a mandatory injunction that
says, don't do certain things. So you must understand because you violated four
core areas, custody, you could lose parenting time or custody because you
violated a court order. Child support, you don't pay. You could find yourself
in jail paying a bunch of legal fees, maybe you must pay the alimony. You're
supposed to pay division of property if you do silly, unfortunate things with
the assets, you could find yourself kicked out of your home, whatever, on a
temporary basis. So you must understand the terms and comply. What I have to
comply with is the end of this segment because we are out of time, but we're
going to be right back and I'm going to jump back in with number four about
don't procrastinate. Alright? Time's not your friend. When it comes to
litigation, we'll be right back. Hey everyone, you're listening to our podcast,
but you have alternatives, you have choices. You can listen to us live also at
1:00 AM on Monday morning on WSB.
Speaker 2 (22:35):
If you're enjoying the show, we would love it if you could
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star rating and tell us why you like the show.
Speaker 1 (22:48):
Welcome back everyone to Divorce Team Radio, sponsored by
Meriweather and Tharp. I'm your host, Todd Orton. If you want to read more
about us, you can check us out online@atlantadivorceteam.com. You want to read
transcripts, listen to other shows, go back and listen to them again and again
and again. You can find it@divorceteamradio.com. Alright, today, 12 tips. 12
tips regarding things you must be thinking about, things you must do or not do
because it causes major problems. I know that's a very general statement, but I
mean major issues in cases because things were missed, things weren't done,
they were done improperly. And then people end up calling and saying, Hey, how
do we fix this? And unfortunately, there isn't a way to fix all the time. So
anyway, these tips, this conversation, I've had this with many different
people, maybe not all 12 in one conversation, but that's the value of this show
and the value of this particular episode because basically these are
conversations I have with people, clients and potential clients who are going
through these major life changing, life impacting cases and they tell me about
what has been done or not been done.
(24:23):
And I sometimes have to look at them and give them some
not great news that unfortunately the way you handled it up to this point is
really unfortunately limiting what I can do to help. So I've been talking about
some of the things. You're your own attorney, find an attorney if you can
understand the terms of orders. So number four, what do I mean by be proactive?
What I mean is this, do not procrastinate. It's not the time to put your head
in the sand. You get served with let's say a divorce action right off the bat.
You have 30 days, let's just say 30 days to file your answer. You don't file an
answer, you may not get future notices from the court. The matter could even be
put on a calendar. You don't show up. I didn't know bad things happen.
(25:28):
Only one party goes to court, the other side doesn't show
up and the court moves forward with the hearing they're getting whatever they
ask for. And as much as I would love to say, there are some judges who will
listen to what is being proposed. And if it sounds just grossly unfair, they'll
be like, all right, I'm not doing that. Oftentimes they don't know what is
fair, they're only hearing one story, they ask for it, they get it. So you
can't procrastinate. If you're your own attorney and you're doing this on your
own, then you have to understand what the system looks like, how it works. You
have to understand the rules.
(26:14):
I've had people call and they're like, I really need an
attorney. Okay, listen, we're here for you. We can help. Okay, great. So I have
a trial coming up in a week. Well, heart palpitations again. So I have to ask,
when you say trial, what are we talking about? And we look into it and it's a
final trial case has been pending for 6, 7, 8, 9 months. And I start asking
questions, okay? Oh, have you done discovery? No. Have you asked for any
information or gotten any information? No. What are the issues? Other kids,
yes, support. I mean, do you know what kind of income? I have no idea. Alright,
well what about division of property? Do you have any documents relating to
retirement or any? I have no idea. And then I unfortunately have to look at
this person and say, I may not be able to help. We don't have enough time to go
in and properly protect you because we have zero information and it could have
been avoided.
(27:26):
All you had to do was not procrastinate, is to be
proactive and actually do things in a timely way. You have six months to engage
in discovery. There is no reason why you can't ask basic questions. You can
even go online or you can do a consult with an attorney and try and get pointed
in the right direction in terms of finding discovery requests. Some courts, for
instance, Fulton County, there's mandatory discovery. It's already there. It's
already in essence in the case and applies to the parties. So number one, you
have to respond to it. Number two, the other side has to respond and therefore
getting to a final hearing and going, oh, I never got anything is absolutely
unacceptable but avoidable.
(28:22):
So you have to understand deadlines, you have to just do
the work because if you don't, then you'll get potentially thrust into that
courtroom setting where you are being forced to defend yourself and you have
zero evidence. And I've said this again and again and again, court, it's not
about what you say, it's about what you can prove. What evidence are you
presenting? So please, please, please don't procrastinate. Ask the questions,
get the information that will give you the tools necessary to understand what
you can and should fight for. What would be reasonable? I mean if you don't ask
questions, you don't know that the other party won a lottery yesterday, you
have no idea.
(29:27):
And so when the other side who just came into a large sum
of money basically says, judge, I'll keep my accounts. He or she can keep their
accounts and the judge says, okay, that's fine, that's fair. You don't know
because you didn't ask. The other side has a whole bunch of money in their
accounts and now you get none of it. So you must do things in a timely way, ask
for information that way you are prepared. Alright, let's go to number five.
You have to remember opposing counsel is not your friend or your advisor. I'm
not trying to say every attorney is going to try and mislead you or take
advantage of you, but there are times that a little bit of paranoia may not be
a bad thing.
(30:38):
You have to assume if you're going to assume anything, you
have to assume that opposing counsel is not looking after your best interests.
I've had great conversations with opposing parties because I'm polite, it
doesn't mean I'm not fighting for my client, but I'm very polite and I'll talk
and show respect and all of those things. And if it gets even close to that
line where they're looking at me and maybe asking a question, I will very
clearly say, now hold on one second, I can't advise you. Just remember I
represent your spouse. I do not represent you. And perhaps if you have these
questions, you should find your own attorney.
(31:23):
That's not always going to be stated. And I've had people
say, well, I had a phone call. My spouse was on the call and the attorney was
telling us what this could look like and that could look like. So we did it and
this is not fair. Well, the problem is if they protected themselves and they
weren't truly advising you, then you may be stuck with those terms. And so
think of it this way, opposing counsel has, like all attorneys has one mandate
and that is to zealously represent their client. Their job is only to make sure
that they are protecting to the best of their ability, the interests of their
client, not the other side, not the other party. In fact, here in Georgia, one
attorney cannot under bar rules, represent two parties in an action, two
opposing parties because it's a conflict and it makes sense.
(32:41):
How can I advise person A about what would be best for
them, best for them, and then turn around to person B and advise them what to
argue to accomplish what is best for them? What's best for person A is clearly
not the best thing for me and vice versa, it's a conflict. So people call and
they're like, oh well, but opposing counsel was kind of saying, well you mean
they advised you? Well, no, maybe it was going through my spouse and they said
this is the way this would sort of play out or impact us. And I have to look at
them and go, that's not your friend. So you can't listen to what they're
advising. They're not advising you. Alright, we have a bunch more to get to as
always. So we've got six more and I'm going to do it. So when we come back,
we're going to start with behave. You have to behave yourself. We'll be right
back.
Speaker 2 (33:43):
I just wanted to let you know that if you ever wanted to
listen to the show live, you can listen at 1:00 AM on Monday mornings, WSB, so
you can always check us out there as well.
Speaker 1 (33:54):
Better than Counting Sheep I guess, right? That's right.
You can turn on the show and we'll help you fall asleep.
Speaker 2 (34:02):
There you go. I'll talk
Speaker 1 (34:02):
Very softly.
(34:07):
Welcome back everyone. I'm Todd. And this is Divorce Team
Radio Show sponsored by the divorce and family law firm of Merriweather and
Thorpe. If you want to read more about us, check us out
online@atlantadivorceteam.com. If you want to read transcripts or listen to
shows, again, you can find it@divorceteamradio.com. So I'm talking today and
I'm going to talk a little bit faster. I'm talking about these common pitfalls,
12 things you must be thinking about if you're going to go through a case, and
especially if you're going through it on your own. Meaning if you don't have an
attorney, so not going to repeat what we've talked about, that you have to
understand what you're doing. You have to understand the rules. Find an
attorney if you can. Understand terms of orders, be proactive, don't
procrastinate. But number six, behave. Just remember you are under a legal
microscope, so anything you do can come up in the context of a hearing or a
trial.
(35:20):
You have to govern yourself accordingly. People call and
they'll be like, I went to court and the judge basically threw the book at me,
not literally. And I'll start to dig in, well, tell me a little bit more about
what happened. Tell me what the order says. Tell me what basically you think
caused the judge to take such a strong position. And it turns out that there
were things that were done that I have to look at them and go, I kind of
understand you lost your temper. You maybe put your hands on the other party,
maybe you didn't, but you threw something or you damaged property at your house
or whatever. And now all of a sudden the court is concerned for the safety of
the other party and maybe you're out of the house recordings and other things
of behavior that could potentially cause the court to be concerned.
(36:31):
You have to at all times be thinking, forget about right,
wrong. You should already, I mean this show, if you're not thinking in terms of
right, wrong, then there's nothing I can do or say to change that, forget about
right, wrong. Just think about the fact that at some point there is a judge,
I'm not talking about the ultimate judge. I'm talking about a true black robe,
gavel, wielding judge who will look and be critical of certain behavior. And
that could absolutely impact your case. You lie, you cheat, you steal, you act
aggressively, whatever the case might be. And it can absolutely have a direct
impact and oftentimes does have a direct impact on how the court resolves the
four core issues. Number seven, everything you say, I've said this so many
times, can and will be used against you. You have to assume that.
(37:36):
So if you are on a phone call, and again you need to, I'm
going to blend seven and eight. Eight is you have to educate yourself on the
law regarding recording of conversations. Georgia is a one party notice state.
Some states are two party notice states. You have to, whenever I do these
shows, it's coming from the perspective of Georgia law. If you're listening
from somewhere else, you need to educate yourself about the law relating to
recording conversations. But even if it's a two party notice state, just so you
understand, there are ways to get into evidence. Things that you said there
might've been a witness or you said something, the other party immediately
wrote something down and goes in and convinces the court. You said or did
something. Remember that if you say something, and I mean I have used some
doozies against people in court, social media posts, emails, texts where
recordings, videos where I go in and that party who is sitting there going, I'm
a great dad, I'm a great husband, I'm this, I'm that. I'm a great wife, the
other party is the bad person or does the bad things. And all of a sudden
there's this recording, there's a text, there's an email, and it tells a very
different story to the judge. And if the judge has been listening to you talk
about how calm and collected you are and then here's all of these recordings
and sees this other evidence that paints a much different picture, not only
could the judge deal with that behavior, but now your credibility is destroyed
in front of that judge.
(39:38):
And if that's a temporary hearing, you've just destroyed
the credibility in front of the judge who may be the one that has to hear the
final trial. And well, maybe the judge doesn't take you at your word at that
final trial because your credibility is gone. So educate yourself on the law
regarding recording of conversations because people make mistakes constantly
and on both sides you record it the wrong way or you talk, you say things, it's
recorded and you're sitting there going, but I didn't think you could do what
you think doesn't matter. Did you educate yourself on the law? Number nine,
consider the source of legal advice. I'm not going to spend a lot of time on
that one just because its sounds like advice doesn't mean it's good advice just
because someone walks up to you, I don't care if they are your best friend,
your closest confidant, your closest relative.
(40:46):
I don't care if you think that they are just a big
bulbous, head genius, brainiac the smartest person ever to walk. Just because
they're saying this is what should happen in your case doesn't mean it's
correct. And it might be wrong, not simply because it goes against let's say
state law. It could be wrong simply because the advice is coming from a
different place. They are giving advice based on their own experience or a
different experience that they heard about. But your situation and the facts in
your situation are very different. So now all of a sudden you take that advice,
you start acting a certain way. And when it doesn't play out that way, and not
only that, maybe your behavior gets used against you.
(41:39):
So really when I say something like this, when I again and
again tell people, just be careful who you are getting legal advice from. I've
had people even say, I talked to somebody at the clerk's office and I'm saying
this, and if someone in a clerk's office, I mean call me if you are taking
offense at this, but none is intended. The people in the clerk's offices, they
do a fantastic job. But you know what? They're not not attorneys or at least
I'm going to say most of them. There might be someone out there who also is an
attorney, but they're not attorneys. And I have people call me and they're
like, but the person in the clerk's office told me this. Okay, I don't know
what to do with that because that's not accurate. Or maybe you misunderstood
what they said. But in any event, you shouldn't be taking legal advice from
someone in the clerk's office who is probably under strict rules not to offer
any type of advice to people.
(42:45):
Alright, number 10, don't spend like there's no tomorrow
people, they go into a divorce and all of a sudden they're buying cars, they're
buying jewelry and money is disappearing. Do you think that's not going to be
considered by the court? Do you think that the court might not ultimately take
assets from somewhere else to compensate the other party and make things equal?
And then on top of that, it looks pretty bad. The judge could very well see
that as bad behavior, which can destroy credibility and impact future decisions
made by the court. Number 11, very important. I've done shows on this, so I'm
not going to spend a lot of time, not because it's not important, but because
we're running out of time, do not put the kids in the middle.
(43:36):
Don't use them to ferry messages back and forth. This is
the time to insulate them, keep them away from the tension you are experiencing
with the other party. A, it's the right thing to do. I have seen children that
are just emotionally torn up. And then on the legal side, if you think a
court's not going to see this kind of behavior and potentially do something
about this behavior, I've seen people lose custody. Primary custodial parents
lose that, right? Because they don't know how to protect their kids. And then
finally, don't attempt settlement until you are prepared. All these things I've
been talking about, mediation is a normal thing in divorces and divorce
litigation. But going in unprepared, not questions, gathering the information
that you need is a huge mistake. If you're not prepared, then you're not
prepared and you could enter into terms that have long lasting impact. And if
you wake up a week, a month, whatever later and you're like, oh my gosh, what
did I do? It's too late. You can't go back to court and go, that's not fair.
You're done. Those terms are now binding. Alright. The other thing I can't do
anything about is the fact that we are out of time. I hope the information
helps. Thanks so much for listening. I.