October 1, 2013 | Comments (0)

By Jane Fraier

The Most Common Divorce Mistake

Divorce is complex, especially when there are children involved.  It’s emotional.  It’s stressful.  When faced with a tough situation, most people want to get it over with as quick as possible and move on to better days.  However, if you’re thinking about trying to resolve your divorce as quickly as possible, think twice.  The most common mistake people make during divorce is pushing for a quick resolution.

Consider the following:

  • Are you thinking about moving out of the marital home?  The idea of continuing to live with your spouse during the divorce process may sound untenable.  However, the decision requires more thought than what your temporary living arrangements will be.  Before you decide to move out, you should consider your long term goals for the property – do you hope the property will be sold? Do you expect your spouse will want to keep the home?  You should also consider financial obligations – have you thought about whether you will have to continue to contribute to household expenses of the marital home in addition to the expenses of your new home?


  • Are you thinking about pulling a substantial amount of money out of your joint bank account?  Removing the money may seem like a self-protective measure.  However, there are legal implications for any decision you make regarding marital funds.  You should consider how it can affect divorce negotiation – will you have to reimburse your spouse for removing the funds prematurely?  Could it offset how much you would receive out of another asset?  You should also consider how the action would look before the judge in the future – Will you be leaving your spouse without enough money to support himself or herself? Even worse, could it look like you are trying to hide marital assets?

These are only two examples of choices you may find yourself faced with during the divorce process.  When you act impulsively and without full consideration of the effect of your actions, you could end up making a decision that puts you at a serious disadvantage.

You will be at an advantage if you approach the various decisions of divorce as calmly and rationally as possible.  Sometimes that means taking a step back and letting the process play out without focusing on when your divorce will be finalized.  Allow yourself the time to evaluate all of your options.

At Fraier and Maillet, we provide detailed client consultations.  We are available to our clients throughout the process to address new challenges and concerns as they arise.  Our clients are fully advised of their options, including the pros and cons of making various decisions.  We help our clients understand both the immediate impact and the long term repercussions of their choices, allowing them to make the best decisions possible.

Categories: Divorce

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Attorney Jane Fraier received her B.S. degree in Economics from The College of Charleston and her J.D. from The Dickinson School of Law. Attorney Fraier has practiced law in Northborough since 1992, forming her own family law practice in 1994. She invited Attorney Maillet to join her in 1997, and they formed their firm of Fraier & Maillet in 1999. Attorney Fraier concentrates in the practice of divorce litigation and family law mediation. She is often appointed by the Worcester Probate and Family Court to serve as a Guardian Ad Litem or Attorney for the Child in custody cases, as well as Commissioner in real estate disputes. Attorney Fraier is an active member of the Alternative Dispute Resolution Committee of the Worcester County Bar Association, as well as the Family Law Section, where she has served as co-chairperson. She was elected to the clerkship of Lawyers Concerned for Lawyers, served on the Board of Directors for the MSPCC, and is currently on the Board of Directors for the Calliope Theatre in Boylston, Massachusetts, where she has lived with her family since 1998.

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