Each divorce case is as different as the individuals involved in it, but there are common mistakes that separating couples should avoid when seeking to end their marriage. If you’re contemplating a divorce, or are already involved in one, please avoid making the mistakes below.
Letting Emotions Run Wild
While some divorces are amicable, many take an emotional toll. When strong emotions like anger, grief, or resentment are not acknowledged or managed, they can cloud judgment, complicate co-parenting, and result in costly legal battles. Additionally, unaddressed emotional turmoil can negatively impact children and hinder post-divorce adjustment. To navigate divorce effectively, it’s crucial to seek emotional support, whether through personal therapy, participation in support groups, or with mindfulness practices, to ensure healthier decisions and foster personal growth during and after the divorce.
Relying on Do-It-Yourself Divorce Agreements
Separating couples sometimes seek to resolve their divorce issues by preparing a DIY contract addressing major issues, from custody and support to property and debt division, without having to pay any attorney fees. Unfortunately, these contracts may ultimately be deemed defective and unenforceable. In New York, out-of-court agreements settling marital issues must contain specific provisions and be executed in a certain way in order to be valid and enforceable. Settlements can be set aside for numerous reasons, including ambiguity, unconscionability, duress, fraud, and mutual mistake, or because of a technical defect. While it might be tempting to seek to cut costs by filling out a form online, or relying on a paralegal, doing it this way could cost a lot more in the long run.
Not Considering Divorce Mediation
Divorcing couples often overlook divorce mediation, which offers separating spouses a less stressful, more flexible alternative to traditional divorce litigation. Divorce mediation allows couples to set their own pace, reducing court costs and legal fees while improving post-divorce communication and addressing potential co-parenting conflicts. This personalized approach leads to tailored settlement agreements that resolve key issues and minimize future litigation. Mediation also provides a non-adversarial environment where couples can involve neutral parties to ensure a fair and stable outcome.
Misunderstanding Property Rights
In New York State, marital property is split based on “equitable distribution,” which means it’s divided fairly, but not always 50/50 between the spouses. Many wrongly assume that everything will be split down the middle, but in some cases the court will consider factors such as each spouse’s contributions, earning potential, and the duration of the marriage. If you don’t get these details right, you might end up with a less desirable settlement.
Making Paperwork Mistakes
Filing for divorce in New York State can be notoriously tricky and overwhelming, especially when you’re dealing with the emotional strain of the situation. Many people end up making mistakes on their divorce paperwork that lead to frustrating delays or, in the worst cases, losing out on their rights. To avoid these issues, it’s a good idea to work with a knowledgeable Long Island divorce attorney who can guide you through the filing process and help ensure everything is done correctly.
Misunderstanding Child Custody and Support Issues
It’s crucial for divorcing parents to fully understand their rights regarding child custody. In New York State, child custody and visitation disputes are settled based on the ‘best interests of the child’ standard, meaning that decisions are made with the child’s well-being as the top priority, while parental preferences are secondary. New York family law courts evaluate a wide range of factors when determining custody, including the relationship each parent has with the child, how each parent will foster the child’s relationship with the other parent, who was the primary caretaker before separation, the stability each parent can offer, their parenting skills, physical and mental health, financial status, home environment, and any issues affecting parental fitness such as substance abuse or a history of violence or abuse. To achieve the best outcome in your custody case, you need to demonstrate that you can provide the best environment for your child’s health, safety, and overall well-being.
We hope this information helps you avoid some of the most common mistakes made by separating couples. If you are seeking to end your marriage and wish to fully apprise yourself of your rights, responsibilities, and options, we recommend that you contact us to consult with an experienced matrimonial attorney who is well-versed in the nuances of New York State law to achieve your best outcome. Call now for a free consultation.