Five Common Legal Mistakes Made in Divorce


In Loriann Hoff Oberlin’s “Surviving Separation and Divorce,” Oberlin shares her story of taking back her life after divorce and the journey she had to go through from rebuilding her self-esteem, developing an active social life, to dealing with lawyers and the court system.

Unless you have experience dealing with the legal system, you may find the process to be very complicated and costly. At Stearns-Montgomery & Proctor, we serve as your advocates, walking you through every step of the Georgia divorce process and helping you understand your options and potential outcomes of your divorce case. 

In Oberlin’s book, she outlines her top legal mistakes made in divorce, and in this entry, we’d like to share with you five common legal mistakes. 

Crucial Mistakes That Can Be Made During Divorce

  1. Allowing your emotions to get the best of you. Don’t let your emotions take control of your divorce. Be proactive rather than reactive during your divorce. You will risk sabotaging your case if you are too anxious, jump to conclusions, or don’t think things through during divorce proceedings.
  2. Forgetting details, documents, and facts. This goes back to a past entry from our Associate Attorney, Jenni Brown. In a divorce case, preparing a timeline is crucial for both you and your attorney. A timeline provides evidence and reliable documentation of every detail and fact. This will help your case rather than hinder it. 
  3. Withholding information from your attorney. Some people don’t trust their attorney, even though they’re there to represent you and have your best interests in mind. When you meet with an attorney, see if they can fully answer your questions and you feel comfortable working with them. After all, they’re going to be with you every step of your legal journey. If you want your attorney to do a great job, you need to be transparent and tell them everything. 
  4. Being your attorney’s worst enemy and hindering your case. If you start pestering your attorney and contacting them multiple times a day, you will hinder your case and alienate the one person who is there to help you. Be proactive by asking your attorney how you can best help them. 
  5. Having unrealistic expectations. Many people believe that if they’re the victim of their divorce that they deserve everything and their ex deserves nothing at all. That’s just not the case. When children, assets, finances, and property are in dispute, demands must be made in a reasonable manner. Remember, Georgia is an equitable division state, and marital property is divided equitably or fairly to both parties, not just one of the parties.

Contact Our Experienced Atlanta Divorce Attorneys at Stearns‑Montgomery & Proctor Today

You don’t need to go through the divorce process alone. Our team of experienced divorce and family law attorneys at Stearns‑Montgomery & Proctor will help you discuss your case, understand the Georgia divorce process, your options and rights, and help you through this process. 

With four offices in Alpharetta, Buckhead, Dunwoody, and Marietta, we proudly service our clients throughout the Atlanta metropolitan area. 

Call us at 678-971-3413 or complete a contact form to schedule a consultation with our team today.