What Are the Most Common Mistakes to Avoid in a Family Law Case?

Family law cases, whether dealing with divorce, child custody, child support, spousal support, or property division, are emotionally charged and can have a significant impact on the lives of everyone involved. 

Given the complicated nature of these cases, it is essential to handle them carefully and to avoid common mistakes that can undermine one’s chances of success. Working with an experienced St. Louis family law attorney can help you avoid making these errors.

Attorney Steven Hardin is dedicated to helping clients like you in St. Louis, Missouri, work through their family law cases and protect their rights and interests. Here are some of the most common mistakes people make in family law cases and what you can do to avoid making them yourself.

Failing to Hire an Experienced Family Law Attorney

One of the most critical decisions in a family law case is selecting the right St. Louis family law attorney. Many people attempt to handle their family law matters on their own, thinking they can save money by not hiring a lawyer. 

While this might seem like a cost-effective solution, representing oneself in a family law case can often lead to significant errors that could jeopardize the outcome of the case.

Family law is a highly specific field, and working through it requires not only an understanding of the law but also knowledge of local court procedures, rules, and precedents. 

A St. Louis family law attorney can provide invaluable assistance by offering advice, representing you in negotiations, and advocating on your behalf in court. Without a St. Louis family law attorney, one may fail to protect their rights, overlook important legal deadlines, misinterpret legal documents, or fail to gather sufficient evidence.

Not Gathering Sufficient Evidence

Whether it is documenting financial assets, tracking communication related to child custody, or gathering witnesses who can testify to certain facts, having a solid evidence trail can significantly strengthen your position. 

For instance, in child custody cases, evidence regarding your relationship with the child, your parenting skills, and the child’s well-being can make or break your case. Similarly, in a divorce, proper documentation of assets, debts, and income is necessary to assure a fair property division. You just need to be sure you meet your deadlines.

Ignoring Legal Deadlines and Court Procedures

Missing a deadline can lead to delays, dismissed motions, or even the loss of a claim. Some of the most common mistakes include:

• Failing to file required documents on time: Missing the deadline to submit essential documents, like financial disclosures or custody petitions, can result in the court dismissing your case or ruling against you.

• Missing court dates: Failing to attend a scheduled court hearing can lead to a default judgment, where the judge rules in favor of the opposing party due to your absence.

• Not responding to requests from the opposing party or the court: Ignoring requests for information or court orders can damage your credibility and result in legal sanctions or unfavorable rulings.

In divorce cases, for example, missing the deadline to submit financial disclosures can cause a delay in finalizing the divorce and may even affect the division of assets. Similarly, failing to meet filing deadlines for child support or custody matters could result in a negative ruling. 

Staying organized, keeping track of important deadlines, and working closely with your St. Louis family law attorney can prevent such oversights. It can also help keep your emotions from impacting your actions.

Letting Emotions Dictate Your Actions

Family law cases often involve intense emotions, particularly when children, finances, and relationships are at stake. Many people make the mistake of letting their emotions control their decision-making process. This is especially true in contentious divorce or custody cases, where anger, resentment, or a desire for revenge may cloud judgment.

For example, parents may be tempted to withhold visitation or make derogatory remarks about the other parent in front of the children, believing it will hurt the other party. 

However, these actions can negatively affect your case, especially in custody disputes, where the court will prioritize the child's well-being. Similarly, letting emotions drive the negotiation process can lead to poor decisions regarding asset division or spousal support. 

A St. Louis family law attorney can help you remain level-headed and make decisions based on the facts and the law, rather than emotions. They can also help you determine what to avoid when it comes to social media.

Making Public Statements or Posting on Social Media

Many individuals make the mistake of airing their grievances or posting personal information related to their family law case on social media. This can be a huge mistake. Anything shared publicly, whether it is on Facebook, Instagram, or other social media platforms, can be used against you in court.

For example, posting about an extravagant vacation or showing off a new expensive purchase could undermine claims related to financial hardship or an argument for spousal support. 

In child custody cases, posts that suggest neglect or poor parenting can be used by the opposing party to challenge your suitability as a custodial parent. 

It is advisable to refrain from discussing your case online and to be cautious about what you post during the course of the proceedings. You do still need to discuss your case but not with the public.

Underestimating the Importance of Communication

Communication between you, your St. Louis family law attorney, and the court is vital for the smooth progression of a family law case. Many people make the mistake of failing to communicate key information or changes in their situation to their lawyer, which can affect the case’s outcome. 

For instance, failing to inform your St. Louis family law attorney of changes in your financial situation, new developments in your relationship with your children, or changes to your employment status may prevent your lawyer from making the best arguments on your behalf.

Additionally, miscommunication between you and your spouse (or the other party) can lead to misunderstandings and unnecessary conflict. If you and your spouse are able to communicate and negotiate amicably, it can expedite the process and reduce costs. 

If that is not possible, working through St. Louis family law attorney or mediator can help make sure that your interests are represented effectively.

Not Being Honest with Your Attorney

Trust is the foundation of a good attorney-client relationship. Many people make the mistake of not being fully transparent with their St. Louis family law attorney. Some might hide crucial details out of embarrassment or fear, thinking that the truth might hurt their case. 

However, this can lead to disastrous consequences, as a lack of honesty can hinder your lawyer’s ability to develop an effective strategy.

For example, failing to disclose a prior criminal history or significant debt could affect how your attorney approaches the case or negotiations. It is essential to be open and honest about all aspects of your situation so that your St. Louis family law attorney can give you the best possible guidance and representation.

Family law cases can be overwhelming, but with the right approach, they can be resolved fairly and efficiently. Avoiding these common mistakes can help make sure that your case proceeds smoothly and that your rights and interests are protected.

Contact a St. Louis Family Law Attorney Today

Whether you are going through a divorce or battling for child custody, Attorney Steven Hardin is there for you. Do not hesitate to contact The Hardin Law firm to schedule your consultation today.