When divorce is imminent, there is a lot at stake. Stress levels are often through the roof and people often act on emotions and end up making mistakes that will negatively affect their outcome. We have compiled a list of some common mistakes to avoid in your Long Island Divorce.
Divorce Mistake 1: Digging Your Heels In
There may be nothing more counterproductive in your divorce than refusing to negotiate or communicate with the other side. Regardless of how much you despise or disagree with your soon-to-be former spouse, it is essential to do some soul searching and determine how you can attempt to come to some type of agreement. In the end, this serves your best interest. Reaching a settlement can save significant time, expense and stress in your divorce. Further, courts look favorably upon settlements and are quicker to finalize divorces in which there are fewer disputes. This avoids lengthy litigation that takes a toll on the entire family. You and your spouse should have the power to make decisions about the ending of your marriage. It is best to negotiate to avoid having the court do it for you.
Divorce Mistake 2: Acting Purely Based on Emotion and Spite
Those involved in divorce are invariably hurt and angry, often at levels that they had not previously experienced in their lives. While it is certainly understandable and expected, it is so important to manage your emotions to the best of your ability to avoid creating more barriers to settlement and ultimately hurting yourself. Because New York has No-Fault divorce, one spouse generally does not receive more money or property in the divorce because the other spouse was at fault in some way. This also means that courts look at your marriage almost as though it were a business; the court will simply seek to divide the money and property in a way that is most fair and equitable under the circumstances. Your anger and frustration with your spouse will not necessarily help you achieve a more favorable outcome.
Divorce Mistake 3: Failing to Educate Yourself about Your Rights and Responsibilities
It is important to meet with an experienced Long Island divorce lawyer or divorce mediator early in the process so that you can understand your rights and responsibilities, and how the process will work. Do your best to educate yourself in this regard, including how spousal support (alimony) and child support will be calculated in your case, and what rights you have to custody and visitation with your children. Understanding this basic framework of divorce will help you to feel empowered during your divorce matter.
Divorce Mistake 4: Making Rash Financial Decisions
You should never move large sums of money, sell or try to hide assets, or make major changes regarding your and your spouse’s ownership of marital or separate property. Instead, discuss your concerns with your lawyer. Judges generally do not look upon impulsive behavior that might be viewed as trying to hide or keep money or property from your spouse. Once the divorce process begins, do your best to maintain the status quo in your finances.
Divorce Mistake 5: Failing to Meet With More than 1 Divorce Attorney Before Hiring One to Represent You
Divorce proceedings take place in the Supreme Court in the county in which you reside. Your attorney should be experienced in divorce law in New York and in the county in which you will be divorced. He or she should be able to explain to you your rights and responsibilities, and understand and listen to your concerns and objectives. You should feel confident after meeting the right attorney that you are in good hands.. It is imperative that your attorney be familiar with the courts, the law, and the procedures involved in this specialized area of law.
If you are contemplating divorce or if you are already going through a divorce, reach out and speak with a qualified, experienced and knowledgeable family law attorney for advice on how to navigate this treacherous process.
Free Consultation with a Long Island Divorce Lawyer
Many couples benefit from meeting with an experienced Long Island Divorce Lawyer to assist them with negotiating their contentious divorce issues and guiding them through the process of divorce or separation. A Long Island Divorce Attorney or Divorce Mediator can provide you with counsel on how best to handle communication during your unique divorce, separation, or mediation. The attorneys at the Divorce Law Firm of Robert. E. Hornberger, P.C. are experienced in divorce and separation cases in Nassau and Suffolk Counties, and have successfully helped Long Island couples in divorce mediation. Contact our office today at 631-923-1910 to speak with an attorney in a free and confidential consultation.
For more information about Divorce on Long Island, visit this page: Divorce Lawyers Answer Questions about Long Island Divorce
Download our Free New York Divorce Guide
Our 41-page “Guide to New York Divorce: What You Need to Know Before Hiring a Divorce Lawyer in New York” written by an experienced family law lawyer, Long Island’s Robert E. Hornberger, Esq., provides you with real information on the divorce process and the laws it rests upon in the state of New York. This book will help give you a solid foundation upon which you can begin the process of making your family’s, life better. Download your Free Guide to New York Divorce here.
