Common Divorce Mistakes in New York

Divorce is one of the most complicated and emotional experiences an individual can endure. The divorce laws of New York State can be tricky to understand, and there are many factors that both spouses need to consider when heading into these legal situations. If you are thinking about filing for a New York divorce, it is wise to be aware of some of the common divorce mistakes in New York. At Trotto Law Firm, P.C., we are here to help you avoid these mistakes.

Whether you are filing for divorce in Rochester’s Monroe County Supreme Court or you are negotiating a case in downtown New York City, avoiding certain mistakes can save you time, money, and legal headaches. No matter how amicable you and your spouse try to remain, a simple mistake can turn the entire divorce case on its head and cause extremely challenging circumstances. Let us help you steer clear of these common mistakes.

Not Understanding NY Divorce Laws

New York operates as a no-fault divorce state. This means that you do not have to prove any kind of fault or wrongdoing in order to seek a divorce. However, there are still plenty of factors that will need to be settled before your divorce can be finalized. These factors might include spousal maintenance awards, property division issues, and agreements on child custody. Typically, for a no-fault divorce, however, there is a waiting period of at least six months.

Divorce is complicated; there’s just no way around it, so it is essential that you have a basic grasp of the legal process and the timeline that will most likely be involved in your case. You will first need to file the official divorce complaint, ensure your spouse is served papers, attend any necessary court hearings, and work to negotiate a settlement. It is likewise important that you are aware of all your rights and duties under New York State divorce law.

Failing to Protect Your Finances

Divorce can have a major impact on your finances, and not planning for this impact can carry severe consequences. It is vital that you work to prioritize your financial health during your divorce process. One study showed that one in five women will fall into poverty after their divorce, which is just going to show how vital it is to stay on top of your finances during your New York divorce case.

It is also smart to be aware of the tax implications of your divorce, so hiring an accountant or a financial advisor can be a smart move. In New York, spousal maintenance can be tax-deductible for the individual paying the maintenance but taxable for the individual who is receiving the payments. Certain transfers of property can also be subject to tax laws. For these reasons and many more, understanding the effects tax could have on your divorce settlement is vital.

Letting Emotions Get the Better of You

Divorce is an emotional time. It can be easy to allow your emotions to get the better of you. No matter how amicable you and your spouse try to remain, feelings and emotions can quickly get out of hand. However, it is vital that you keep a level head during this time and keep your emotions in check to the greatest of your capabilities.

When an individual makes decisions based purely on anger, revenge, or hurt feelings, it can cause them to make irrational and harmful decisions that not only hurt their case but can also harm their loved ones, such as any minor children involved in the divorce case. When emotions get in the way of rationality in a divorce case, it can cause your life to suffer long-term negative impacts.

Posting to Social Media

There is nothing quite as truly haunting as having a memory pop up on social media of something we posted years back. The same can be said during divorce proceedings. Anything you post, share, or comment on social media can be used as evidence in a court of law. This can be especially true of a case involving child custody or the division of assets and property. Your spouse and their attorney can try to spin anything posted to your social media against you.

Not Hiring an Attorney

Your choice of attorney will play a vital role in the success of your divorce case. In New York, divorces can be intricate, delicate matters, especially for wealthier families. Hiring an attorney who is experienced in state family law matters is vital, as they can work to ensure your interests and rights are protected. Now is the time to research all potential divorce attorneys, their reviews, and their credentials to make the right choice for yourself.

FAQs

What Is the Divorce Rate in New York?

In New York, as of 2021, the divorce rate sat at 2.2 per 1,000 residents of the state. It is important, however, to keep in mind that this number often fluctuates over the years. If you believe that divorce is inevitable, it is time to contact an attorney who can help guide you through every legal and emotional aspect of your divorce case.

What Are Some Mistakes to Avoid in a Child Custody Case?

When children are involved in a New York divorce, emotions can grow tense, and it becomes easier to make certain mistakes, such as negatively talking about your co-parent or making decisions based on anger or revenge. Likewise, some parents may fail to prioritize the needs of their children as they wrestle with their own warring emotions. While this is understandable, neglecting the needs of your child should be avoided for their best interest.

What Should I Do If My Spouse Is Hiding Assets?

New York operates as an equitable distribution state, meaning that all marital assets are subject to a fair, yet not perfectly equal, split. In some cases, your spouse may try to hide assets from you and the court. This is a huge mistake, and if you believe your spouse is hiding assets, hiring an attorney and a forensic accountant can be essential.

How Long Can a Divorce Take in NY?

While it is difficult to offer an exact number as to how long a divorce case might take in New York, there are several factors that may be involved in your case that can affect its overall timeline. These factors can include the complications of the divorce, whether or not there are any issues that are being contested, and how well you and your spouse can communicate and reach a compromise on certain issues.

Speak with a Trusted New York Divorce Lawyer Today

If you are facing divorce proceedings in New York, it is vital that you contact an attorney who is seasoned when it comes to these cases. You want someone on your side who is willing to do whatever it takes to advocate for your rights and protect your interests. Contact Trotto Law Firm, P.C. today to schedule your consultation with our team