Divorce can be an emotional and stressful process, and decisions made in moments of frustration can have lasting consequences. While much of the focus is placed on what spouses should do during separation, knowing what to avoid can be equally important. From financial decisions and social media posts to communication with your spouse and compliance with court orders, avoiding common mistakes can help protect your legal and financial interests.
Don’t Hide Assets or Income
Trying to conceal money, property, investments, or income can seriously damage your credibility and create significant legal consequences. Complete and honest financial disclosure is an important part of the family law process. Even if you believe an asset should not be divided, hiding it is rarely an appropriate strategy.
Don’t Destroy or Delete Financial Records
Financial records may become important evidence during a separation. Bank statements, tax documents, investment records, business information, and other financial documents should be preserved. Deleting or destroying information can raise serious questions about your conduct and make it more difficult to resolve financial issues.
Don’t Use Children as Messengers or Leverage
Children should not be placed in the middle of adult disputes. Asking them to deliver messages, gather information, take sides, or choose between parents can create significant emotional stress. Communication about parenting arrangements should take place directly between adults whenever possible.
Don’t Make Major Financial Decisions Without Advice
Separation can create an urge to make immediate changes to finances. Selling property, transferring assets, taking on significant debt, changing investments, or making large purchases without understanding the consequences can complicate your case. Obtain appropriate advice before making major financial decisions.
Don’t Post About Your Divorce on Social Media
Social media posts can be taken out of context and may become evidence in family law proceedings. Avoid posting about your spouse, your children, finances, new relationships, vacations, or disputes. Even seemingly harmless posts can create unnecessary complications.
Don’t Ignore Court Orders or Legal Deadlines
Court orders and procedural deadlines are not optional. Failing to comply can result in additional legal costs, enforcement proceedings, or other consequences. If you cannot meet an obligation or believe an order needs to change, seek legal advice rather than simply ignoring it.
Don’t Communicate Impulsively With Your Spouse
Angry texts and emails can escalate conflict and may later be presented as evidence. Take time before responding to emotionally charged messages. Keeping communication factual, respectful, and focused on practical issues can help reduce conflict.
Don’t Refuse Reasonable Financial Disclosure
Financial disclosure is a fundamental part of resolving property and support issues. Refusing to provide documents or withholding relevant information can delay negotiations and potentially lead to court intervention. Transparency helps both parties understand the financial picture.
Don’t Assume Your Spouse’s Legal Advice Is Accurate
Your spouse may tell you what their lawyer supposedly said about your rights or obligations. Even if the information is presented confidently, it may not accurately reflect the law or the specific circumstances of your case. Obtain independent legal advice before making decisions that affect your future.
Don’t Wait to Get Organized and Informed
Waiting until a dispute becomes urgent can make separation more difficult. Begin gathering documents, understanding your financial situation, considering parenting needs, and obtaining professional advice early. Preparation gives you more options and reduces the likelihood of rushed decisions.
There is no perfect way to navigate a divorce, but avoiding preventable mistakes can make the process significantly easier. Protecting your records, communicating thoughtfully, following legal requirements, and getting informed advice can help safeguard your finances, your relationship with your children, and your future.
Join our free webinar, What NOT to Do During a Divorce (Ontario Edition), on September 29 at 5 PM ET.
