Divorce is often one of the most emotionally and legally complex events in a person’s life. It’s a time of significant change, and for many individuals, the decisions made during this period can have long-lasting consequences. When someone hires an attorney to guide them through the divorce process, they are placing a great deal of trust in that professional’s legal knowledge, experience, and judgment. Attorneys offer advice based on years of training and an understanding of the law, all with the goal of helping clients achieve the best possible outcome in their divorce.
But what happens when a divorce client ignores or disregards their attorney’s advice? It can seem tempting in the heat of the moment, especially when emotions are running high or when the client feels they know what’s best for their own situation. However, failing to follow legal counsel can lead to a variety of negative outcomes, ranging from increased costs to unfavorable rulings or even loss of rights. In this blog post, we’ll explore the potential consequences of not heeding your attorney’s advice during a divorce and why it’s in your best interest to work closely with your legal counsel throughout the process.
1. Compromised Legal Strategy
One of the most important roles of a divorce attorney is to develop a legal strategy tailored to the client’s individual circumstances. This strategy is developed by the attorney in three specific ways. First, the divorce attorney analyzes the case. This process begins with your initial consultation and is supplemented by the attorney reviewing the specifics of your unique circumstances, including assets, liabilities, children, and other relevant factors.
Second, the divorce attorney identifies your goals for the case. This process also begins with your initial consultation. Over time, the attorney helps the client clarify their priorities, whether it’s securing primary custody of children, receiving a fair share of the marital estate, or protecting business interests. Of most importance, the attorney will set realistic goals by telling the client what they need to hear instead of what they want to hear.
Third, the divorce attorney combines their analysis with the realistic goals of the client to craft an approach to the case. The approach may involve negotiation, mediation, or trial, with the attorney developing a strategy to achieve the client’s objectives through one or more methods (e.g., settlement options, negotiation tactics, and trial strategy).
If a client decides not to follow the advice of their divorce attorney, the entire legal strategy could be compromised. For example, if the client insists on pursuing a course of action that is emotionally driven or outside of the attorney’s recommended approach, the carefully constructed plan could be disrupted, and the client may find themselves in a much worse position than anticipated.
2. Increased Costs and Fees
Divorce is often costly, and this is especially true when parties engage in contentious litigation. Ignoring an attorney’s advice can lead to costly missteps that greatly increase the cost of representation.
- Prolonged Negotiations: When a client rejects their attorney’s advice to settle a case early, they may end up in lengthy negotiations or even a multiday trial, both of which will increase their legal fees.
- Unnecessary Motions: An emotionally charged client may push for motions or legal actions that aren’t strategically wise, leading to unnecessary filings, court hearings, and potentially even sanctions issued by the court.
- Financial Mistakes: Clients who disregard advice regarding asset division or financial disclosure can cause significant economic losses. For instance, asserting ownership rights that don’t exist or taking actions that harm the value of marital assets can negatively impact the case.
These financial mistakes could have been avoided if the client had trusted the attorney’s recommendations.
3. Unfavorable Outcome in Custody Disputes
If children are involved in a divorce, custody is often the most contentious issue. How a client handles custody negotiations, both in court and outside of it, can significantly impact the outcome.
- Refusing to Compromise: An attorney might advise shared custody or mediation to reach a fair arrangement. Insisting on sole custody without justification can make the court view the client as unreasonable.
- Parental Alienation: Badmouthing the other parent to the children or in court can harm the client’s credibility. Courts take allegations of parental alienation seriously and may penalize such behavior.
- Non-Compliance: Failing to follow court orders, such as temporary custody arrangements, is viewed as disrespect for the court’s authority and can result in reduced custodial rights.
4. Emotional Impact and Strain
Divorce is not only a legal process; it’s also an emotional one. Ignoring legal advice often stems from emotional turmoil, such as feelings of betrayal, anger, fear, or guilt.
Emotional decision-making, like acting impulsively to “get back” at a spouse, can prolong the divorce and deepen emotional wounds. It may also strain the attorney-client relationship, potentially affecting the quality of representation. In extreme cases, this tension can result in the attorney filing a Motion to Withdraw with the court.
5. Court-Ordered Consequences
Ignoring an attorney’s advice can lead to court-ordered consequences, as the court expects both spouses to act reasonably during divorce proceedings.
- Sanctions for Non-Compliance: Failure to attend mediation, comply with temporary court orders, or disclose information can result in penalties, including attorney fees for the other spouse.
- Unfavorable Rulings: The court could rule against a spouse based on unreasonable actions, leading to loss of custody, assets, or other rights.
Divorce is challenging enough without complicating matters by ignoring sound legal advice. Attorneys provide invaluable guidance, helping clients navigate complex legal matters, protect their rights, and minimize emotional and financial strain.
By working closely with your attorney, being open to guidance, and trusting the legal process, you can avoid unnecessary complications and move forward with confidence and clarity. Listening to your attorney’s advice is not just about following procedures—it’s about making decisions that best serve your future.
Should you need the assistance of an experienced divorce attorney in Creve Coeur and O’Fallon or have questions about your divorce situation, we are here to help and ready to discuss those questions with you.