The divorce process can be long and difficult, regardless of whether you initiated the divorce or were served by your spouse. When going through the process of getting a divorce, there are costly Rochester divorce mistakes you should avoid.
Hire a Divorce Lawyer in Rochester, NY
You may think that your divorce is straightforward, making the process easier, but even a simple divorce can benefit from the knowledge of the skilled family law attorneys at Trotto Law Firm, P.C. Our team can review your case and help safeguard your future interests.
When you hire a family lawyer in Rochester, NY, you need someone who understands the unique local, state, and federal divorce laws that could affect your case. Our team offers caring advocacy to guide you through this difficult process and help you achieve a fair result.
New York Divorce Rate
According to the U.S. Centers for Disease Control and Prevention’s National Vital Statistics System, the 2023 divorce rate in New York was 2.4 per 1,000 population. Divorce rates can be presented in different ways depending on how the population is viewed.
A report from the U.S. News & World Report shows that the U.S. divorce rate rose from 6.9 in 2021 to 7.1 in 2022. These rates are per 1,000 women aged 15 or older. Using this rate, New York ranked fifth-lowest in the United States at 5.7 in 2022.
If you wish to file for divorce in Rochester, your case is heard at the Monroe County Supreme Court located at the Hall of Justice. In New York, the Supreme Court is the only court that can handle divorce cases.
10 Divorce Mistakes to Avoid
The divorce process can be long and costly, but it can become more difficult or expensive if you make any of these costly divorce mistakes. Common divorce mistakes include:
- Failing to hire a qualified attorney. The cost to hire a divorce attorney in Rochester, NY, may seem too steep when facing the division of your marital assets, but investing in an experienced attorney can help you reach a fair agreement and expedite the divorce process.
- Not disclosing all of your assets. Even simple mistakes can be treated harshly in court. If you fail to disclose all of your assets, you could face sanctions, or your share of the marital assets could be reduced.
- Moving out of the marital home. Leaving the marital home, especially if you have minor children, could be seen as abandoning the home. You could be less likely to be awarded the home when the marital assets are divided.
- Acting emotionally. Divorce is a highly emotional process, even for couples who mutually agree that divorce is the appropriate course of action. If you can’t separate your emotions when making decisions, you should consult with your attorney and seek guidance.
- Refusing mediation. In many divorces, having the unbiased perspective of a third party can help to ease tensions and make negotiations run more smoothly.
- Overuse of social media. Documenting the divorce process through social media may seem harmless, but any information you make public can be used against you during the divorce proceedings, and you lose the ability to provide the appropriate context for your words.
- Neglecting to document everything. It can be difficult to differentiate between separate and marital property without proper documentation.
- Agreeing to terms too quickly. The divorce terms should be equitable to both spouses. Agreeing to terms too quickly, before your attorney can review the details, could lead to you receiving an unfair share of the marital assets.
- Treating the divorce like a contest. Dragging out the process just to inconvenience your spouse or prevent them from taking certain items can have negative consequences. Judges recognize these games and may issue sanctions.
- Forgetting to update beneficiaries. Once the divorce is finalized, it is important to update the beneficiary information on your financial accounts so that, should something happen, your wishes are known.
FAQs About Rochester, NY: Costly Divorce Mistakes to Avoid in
How Much Does a Divorce Cost in Rochester, New York?
The cost of a divorce in Rochester, New York, varies widely depending on the circumstances of your divorce. A contested divorce often costs more than an uncontested divorce because the process takes longer.
In addition to the required filing fees, the overall cost to get divorced depends on the cost of your attorney. A skilled attorney can help expedite the process or help with arranging mediation that could lower the overall cost.
What Is the Biggest Mistake in a Divorce?
One of the biggest mistakes you can make when getting divorced is assuming your soon-to-be ex-spouse has your best interests in mind during negotiations. You should not rely on your spouse or their attorney to offer you a fair settlement.
A more appropriate course of action is to secure your own legal representation during the process. Your attorney can work with you to identify your long-term post-divorce goals and help you reach a fair distribution agreement.
What Are the Different Types of Assets During a Divorce?
During a divorce, the different types of assets either spouse can own are either separate property or marital property. Separate property includes all debts and assets each spouse owned when entering the marriage. Inheritances and personal gifts are also considered separate.
Marital property includes all debts, real property, and investments made during the marriage by either spouse. Marital property also includes any debts or purchases made by one spouse but not known to the other spouse.
What Is Each Spouse Entitled to in a Divorce in New York?
In New York, each spouse is entitled to an equitable distribution of marital assets during a divorce. Unless a pre- or post-nuptial agreement exists, separate property remains with the spouse who originally owned the property.
Marital property is distributed equitably with consideration to the circumstances of the case and each spouse. The judge considers factors of the marriage, such as the length, health of both spouses, and whether there are any minor children, when determining equitability.
Contact Trotto Law Firm, P.C.
Since 2009, Attorney Trotto has advocated for families in Rochester as they face difficult family law matters. You do not have to face divorce alone. The right attorney can help you through the complex divorce process. Contact Trotto Law Firm, P.C. today to schedule your initial consultation.
