Although fathers’ rights have come a long way in Long Island family legal cases, when it comes to child custody, fathers are often still at a disadvantage. Here are 5 of the most common issues fathers face in Long Island child custody disputes and how you can get the legal advocacy you need as a parent to fight for the best interests of you and your children.
Alimony, also called spousal support, is a significant issue for most couples going through a divorce on Long Island. If you’re the higher-earning spouse, you could be stuck paying too much alimony for too long if you’re not careful. Here’s how you can protect yourself from paying unreasonable spousal support during and after your divorce.
Legal separation is an option that many couples use to “try on” a divorce before signing on the dotted line. It keeps you married on paper, but for all intents and purposes, you’re considered separated from your spouse. If you’re thinking about getting a legal separation, here are 5 things you should avoid, as well as one thing you can’t.
Living with your spouse while legally separated can be extremely difficult, but if you move out of your home, you set a precedent that will most likely work against you later on if you get divorced. Judges prefer to keep the status quo that has already been established, especially if children are involved. If you live outside of your home and away from your children, it will be much harder to gain that back after the fact. A judge is more likely to award child custody and the marital home to your spouse if they have been living in it and caring for the children for a majority of the time since the separation.
When you legally separate from your spouse, one of the first things you should do is separate your finances. Each of you should open a bank account in your own name and close any joint checking or savings accounts you share together. Decide ahead of time who will pay which bill and if possible, have the name on the accounts changed to reflect the new responsible party. This protects you financially in the event that you do pursue a divorce in the future — your spouse cannot take money from your own personal account nor can they keep you on the hook for bills that are now in their name.
Publicizing your legal separation, especially on social media, isn’t a great idea. Not only does it potentially give your spouse’s lawyers ammunition against you if you later get divorced, but it also opens you up to a great deal of unwanted advice and criticism. Many people will have an opinion about your marriage and won’t be afraid to tell you about it, regardless of whether that opinion is hurtful or constructive. Others will offer advice without having a good understanding of the situation at hand. It’s best to keep your separation quiet if possible, simply to avoid hassle and liability.
Separating from your spouse — legally or otherwise — is an emotionally challenging process. It can be tempting to consider entering the dating pool, even for a casual relationship. The human need for attention and validation from a partner is strong and when you cease getting that from your spouse, it’s normal to start thinking about where else you can find emotional support, love, and connectedness. That said, dating while you’re legally separated can be a big mess. You’re much better off taking this time to reflect on why things aren’t working with your spouse and if you’re ready for a divorce.
A legal separation isn’t intended to be a permanent solution, but rather, a trial separation that ends once you either decide to repair the relationship with your spouse or ultimately get divorced. Avoid dragging things out longer than necessary. If it’s clear that the separation is something you’re both benefiting from and you know now that you don’t want to be married, go ahead and take that step forward to formally dissolve your marriage both physically and legally. Allowing it to be over when it’s over can help you turn the page to the next chapter of your life.
If you’re considering your separation options, it’s in your best interest to work with an experienced Long Island divorce attorney right out of the gate. Although legal separation tends to be simpler than divorce, there are still many ways you can be negatively impacted if you’re not on guard protecting your rights. At Hornberger Verbitsky, P.C., we can help. Call today for your initial consultation at 631-923-1910.
Schedule your complimentary consultation and case evaluation with our experienced attorneys today. When you call, you’ll speak to our friendly Client Services Director, who will be able to answer your general questions and set up your appointment with an attorney who specializes in your unique case.
At your meeting, your attorney will describe the many options available and determine together which is the right solution for you. By the end of this meeting we’ll all understand how we can best help you to move forward.
There is no cost or obligation for this initial consultation. It is simply an opportunity for us to get to know each other, answer your questions and learn if Hornberger Verbitsky, P.C. is right the right law firm for you. Give us a call at 631-923-1910 or fill in the short form below to schedule your free consultation and case evaluation.
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Divorce is difficult for all involved no matter which way you look at it. Divorcing men, in particular, often have a distinct lack of resources and support compared to women who are getting divorced. This lack of support, when combined with inexperienced legal counsel, can lead to easily avoidable mistakes that set a precedent for the continued loss of rights throughout the divorce. Here are several common mistakes men make during their Long Island divorce and how you can avoid them.
One of the first major mistakes men make when beginning the divorce process is moving out of the marital home. If you’ve moved out of your home already and have been living away from it for some time, a judge is less likely to award you the home or force the sale so you get an equal share. Judges are keen to keep the status quo, even if the status quo has been you living outside of your own home.
You should not live away from your children unless a court order demands it for the same reason that you shouldn’t leave the marital home. If your children have been living with your spouse since you split, it’s far more likely that the judge will award your spouse primary child custody to avoid disrupting the status quo that has already been established. It’s much harder to get that time with your kids back than it is to maintain your stance as an equal custodian.
Divorce is wrought with intense emotions, ranging from sadness to apathy to intense anger. You may be tempted to retaliate against your ex-spouse in a number of ways. This could be as simple as making it difficult for your spouse to get their belongings or something more serious, like destroying their property. Don’t give in to this temptation; your ex can use anything you do to paint you in a negative light, increasing their chances of an outcome in their favor instead of yours.
Many men drag their feet during a divorce or refuse to negotiate on things like alimony, spousal or child support simply for the sake of making sure their ex-spouse gets as little as possible. However, this comes at a higher cost. Family court judges see this all the time and can spot this tactic a mile away and are less likely to look upon you favorably if you appear stubborn or contrary on purpose.
Legally, you must provide full financial disclosure in your Long Island divorce. If you attempt to hide assets and are caught, you could be held in contempt of court and face criminal charges. You may think that concealing a few assets so your ex-spouse can’t get them is no big deal, but you stand to lose much more if you don’t fully disclose your finances from the start.
Your ex may suggest that you use a single lawyer for the entire divorce to save money and make the divorce process faster. However, this is a terrible idea. You need your own lawyer who is solely focused on your best interests to ensure your divorce stays as fair for you as possible.
Finally, one of the most damaging mistakes you can make as a divorcing man on Long Island is failing to hire a family law attorney early enough in the divorce process. If you wait to hire a divorce lawyer until you’re nearly ready for court, you’ll have received no guidance on what to do to protect your rights in the meantime. Consulting with an experienced family law attorney as soon as you learn divorce is on the table ensures that you have the advocacy you need.
At Hornberger Verbitsky, P.C., we understand how challenging it is for men to successfully dissolve their marriage while keeping their rights intact. We’re dedicated to helping Long Island residents navigate the rough waters of divorce while protecting the best interests of our clients and their children. Contact us today for a consultation to learn about the legal options you may have available to you. Call now at 631-923-1910.
Schedule your complimentary consultation and case evaluation with our experienced attorneys today. When you call, you’ll speak to our friendly Client Services Director, who will be able to answer your general questions and set up your appointment with an attorney who specializes in your unique case.
At your meeting, your attorney will describe the many options available and determine together which is the right solution for you. By the end of this meeting we’ll all understand how we can best help you to move forward.
There is no cost or obligation for this initial consultation. It is simply an opportunity for us to get to know each other, answer your questions and learn if Hornberger Verbitsky, P.C. is right the right law firm for you. Give us a call at 631-923-1910 or fill in the short form below to schedule your free consultation and case evaluation.
All Fields Are Required
Family researcher Paul Bohannon introduced the concept of the 6 stages of divorce: emotional, legal, economic, co-parenting, community, and psychological divorce. Understanding these stages can help you better navigate the process of dissolving your marriage and ideally resolve your Long Island divorce faster and with less expense. Here’s a quick overview of each stage of divorce and how to get the legal help you need when considering a divorce or going through one.
Divorce isn’t the only option to end a marriage on Long Island. In some cases, married couples may be eligible for an annulment. Here’s what you need to know about annulments, how they differ from a Long Island divorce, under what conditions are couples eligible to have their marriage annulled, and how to get legal help with an annulment. (more…)
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