Common Mistakes to Avoid During a California Divorce

Common Mistakes to Avoid During a California Divorce

Updated: June 02, 2025
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Going through a divorce is one of life’s most overwhelming challenges. Divorce in California can be particularly complex due to state-specific guidelines & procedural requirements. To add more pressure, the decisions you make during this time can have long-lasting implications for you and your loved ones. Avoiding the common mistakes associated with California divorce proceedings is key to obtaining a favorable outcome that protects your parental rights, finances, and future.

If you are expecting a divorce, you must be prepared for what’s to come. In this guide, we’ll discuss the most common mistakes to avoid during your California divorce:

1. Not Hiring the Right Attorney

The right attorney can make your case, while the wrong one can break your case. California family laws are vast and complex, and hiring an experienced and knowledgeable attorney is crucial to navigating the process. A skilled Orange County divorce attorney understands the legal nuances of child custody, child support, alimony, and property division. Having a competent attorney ensures your interests are adequately represented with reduced risks of procedural errors and missteps.

Make sure you check credentials, reviews, and their total experience before you hire an attorney who can fulfill your needs.

2. Lack of Attorney-Client Transparency

An attorney-client partnership can only thrive when both parties are 100% transparent with each other. As the client, failure to disclose critical information like marital assets & debts or relevant personal details may lead to ineffective legal representation. Similarly, your attorney not being upfront with pricing or your case’s progress can derail the proceedings.

Be honest with your lawyer regarding the details of your marriage, no matter how uncomfortable you might feel. Additionally, choose a Santa Ana divorce attorney who upholds honesty & communication. Full transparency is the first step towards attaining a favorable outcome.

3. Failure to Disclose Financial Information

The divorce process requires financial disclosures from both sides for alimony, child support, and asset division matters. Overlooking these details or purposely hiding assets can have serious repercussions.

Failing to disclose important information may lead to an inequitable settlement or worse. If the court has sufficient grounds to believe that you hid or underreported assets deliberately, it may award the full asset to your ex-spouse.

Make sure you provide detailed financial records to your attorney, including income, debts, property valuations, and retirement accounts. This will help your lawyer to get an accurate picture of your financial situation and work with forensic accountants if necessary.

4. Neglecting Children’s Well-Being

Children’s well-being should be the central focus during divorce proceedings. However, many parents make the mistake of neglecting their children or behaving adversely to foster negative feelings in their kids regarding the other parent. This could have serious ramifications in child custody and support cases.

The parent-child bond will be evaluated by the court to determine the best interest of the child. A history of neglect can lead to loss of custody rights for you.

To prevent this from happening, make sure to be involved in your child’s life, education, healthcare, and extracurricular activities. Courts in California prioritize the welfare of the child, and the parent who is more involved in their child’s life is usually granted primary custody.

5. Making Decisions Based on Emotions

Divorce is an emotionally charged affair, but allowing emotions to cloud your judgment can be extremely counterproductive. It may lead to impulsive decisions that may not be in your best interests, such as refusing a fair settlement out of spite or making hasty financial concessions out of guilt.

Emotional decision-making often leads to adverse long-term consequences regarding financial or child custody disputes. Thus, evaluate each decision with a practical view. It is a good idea to consult your attorney or even a therapist before making major decisions that can affect your life for many years.

6. Not Understanding Your Rights

Many people going through a divorce are unaware of their legal rights, particularly in issues like asset division and child custody. This negligence may lead to missed opportunities or unnecessary compromises.

You must understand your rights so you aren’t taken advantage of. Your attorney should explain your rights & obligations under California divorce laws, instilling confidence during negotiations and court proceedings.

7. Posting Personal Details on Social Media

Posting personal details of your divorce can be detrimental to the outcome of your case. Posts or comments on social media can be used as evidence, particularly in asset division or custody disputes.

Social media posts may be misconstrued or misrepresented, undermining your credibility and negatively influencing court decisions. It’s best to limit usage during a divorce case. Avoid posting personal details and discuss all social media activity with your Irvine divorce attorney.

8. Not Preparing for the Life After Divorce

Achieving a favorable outcome in your divorce isn’t the end. Many people fail to foresee and plan their post-divorce financial & emotional future, leading to unpreparedness when the trial is over. It may lead to financial or emotional instability, affecting you for a long time to come.

Take the help of your attorney or a financial advisor to create a detailed post-divorce plan addressing situations like a single source of income, housing plans, and personal support systems. Early preparation can make the transition smoother and give you clarity & confidence regarding your future.

Get Support from an Orange County Divorce Attorney Throughout Your Divorce

Divorce is never easy, but avoiding these mistakes can lead to less stress and a favorable outcome. Remember that every step you take during your divorce matters, from hiring an attorney to understanding your rights.

At Jos Family Law, we have expertise in handling divorce & family law cases in California. With 55 years of combined experience, we are here to guide you every step of the way. Call (714) 733-7066 to schedule a consultation and take the first step to navigating your divorce with confidence.


Jos Family Law

Get In Touch

Our attorneys are here to help you during every stage of your case. Schedule a confidential consultation and know your options with the seasoned counsel of top family law attorneys.

Contact Information

Please call, email, or contact our office online to arrange an appointment for your case today.

Get In Touch

Our attorneys are here to help you during every stage of your case. Schedule a confidential consultation and know your options with the seasoned counsel of top family law attorneys.

Contact Information

Please call, email, or contact our office online to arrange an appointment for your case today.

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Sonia Fernández

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Carlos Serrano

Thank you very much to Mr. Jos and to all his group of professionals who helped me get out of my child support case with a very good result. Each case is different and my case was very complicated. I live in the state of Virginia and the child support office of the state of California was starting a case against me, the amount they wanted me to pay was ridiculously high I didn't know what to do because I don't live in California and I had never met the child either. I searched online for a lawyer in California and thank God I found Mr. Jos's law office. I don't know them personally but I put my trust in them and they didn't disappoint me. We had very good communication despite the distance and they were always available to talk to me and clarify my doubts. Mr. James was the one who took my case to the end and after a long and very difficult process everything went very well in my favor much more than expected. I am very grateful to God for putting the entire team of professionals from Mr. Jos' office on my way. Words are not enough for me to describe everything they did for me and how grateful I am. I definitely recommend Mr. Jos's law firm. Thank you Mr. James for not giving up in my case and having achieved a magnificent result in my favor.

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Alexandra Duvall

Jos Family Law has been absolutely fantastic in helping me through my child custody case. Mr Jos communicated with me throughout the entire process. He was very empathetic and understanding with my case and my concerns. The team was always supportive and never once did I feel like they didn’t take my case seriously. I’m so grateful I chose this law firm to represent me and I would 100% recommend this team to anyone seeking assistance. In the end I received the outcome I was looking for which was Sole Physical Custody. Thank you so much Jos Family for representing me.

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Marco Galatro

This was the second attorney that represented me for my divorce. Binoye is a very knowledgeable, fair, and professional attorney. They are reliable and this made my experience way less painful. They are definitely not greedy for money, they are not one of the many attorneys out there who overbill for their services. I truly recommend them.

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Ricardo Lajaruna

My most sincere gratitude to the attorney Mr. James Sowers, who is very knowledgeable about the law, works with and for his clients. He is very transparent, honest and I am very grateful for his great support. His legal representation is highly recommended!!!

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Nader Zayid

JOS family Law took on my case which entailed custody and move away components and I honestly could not say enough great things about JOS Family Law! Mr. Jos is not only extremely knowledgeable and professional, but it is also extremely obvious how much he cares for his clients on a personal level as well. There is an expression that two heads are better than one, however, Mr. Jos' philosophy takes it further as eight heads are better than two. It was so impressive and reassuring how collaborative everyone at the office works together to meet on regular cadences and discuss their client's cases to brainstorm strategies in order to seek the best possible outcome for their clients. Mr. Jos has an amazing team of extremely talented and knowledgeable attorneys that have worked together on my case. James was the lead attorney on my case and also represented me in my hearing. James was able to get us everything we were asking for as he successfully proved that full custody remaining with me is in the best interest of the children and that the move away is in the best interest of the children as well. We were able to come up with a plan to ensure that the children's mother can visit regularly and still maintain a healthy relationship. James is a rock star attorney! I would without hesitation refer anyone seeking help in a family law matter to call Jos Family Law!

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