No one marries expecting it to end in divorce, so it’s natural that separating couples run into unexpected issues. By exploring some of the most common divorce mistakes, you can see how enlisting the support of a trusted divorce attorney, like Michelle Cimino, early in the process can help make the experience more manageable and less confusing.
Here are five of the most common divorce mistakes in New York.
1. Making Financial Decisions Before Documenting Marital Assets and Debts
Many spouses don’t realize that making financial decisions before documenting assets and debts can cause issues. If you start closing accounts, moving money, or paying off debts before proper documentation in the divorce process, this could make it harder to clarify what assets are subject to division. You could also be accused of hiding assets, which could lead the court to rule in favor of your spouse.
2. Assuming Property Division is a 50/50 Split
Some individuals might assume that assets will be divided evenly between spouses. In truth, New York is an equitable distribution state. As such, it seeks to divide assets fairly rather than evenly. Equitable distribution law distinguishes between assets acquired during the marriage and assets acquired before or outside the marriage. In a divorce, only marital property is divided. Separate property will largely remain with the spouse to whom it initially belonged.
3. Relying on Verbal Agreements About Child Custody
Couples who have been stable co-parents might think that verbal agreements about child custody are sufficient. However, verbal agreements are hard to enforce. If one parent changes their mind about pickup schedules, holidays, or financial support, the other will lack documentation to advocate for themselves. Moreover, unclear expectations only ever invite disputes. Memory is unreliable, and it’s easy for one party to misunderstand the initial agreement.
As life changes, what made sense initially might not make sense later. This doesn’t mean that litigation or a judge needs to be involved in every parenting decision. It just means that putting pen to paper makes good sense and keeps expectations clear.
4. Letting Short-Term Emotions Drive Long-Term Decisions
Another common mistake is that people might give up important rights or fight battles they don’t need to because they’re hurting. For instance, a spouse might give up valuable property for the sake of leaving the divorce process behind faster. On the other hand, anger or resentment might lead someone to refuse a reasonable custody or financial compromise with their ex-partner.
Letting your emotions drive your divorce creates unnecessary difficulties that ultimately don’t serve you, especially in high-net-worth divorces involving significant assets or a prenuptial agreement.
5. Failing To Understand the Common Processes for a Divorce
Couples might assume that every divorce requires a contested court battle. However, this isn’t the case, and contesting your divorce in court can often make the process more adversarial and expensive than it needs to be. In New York, many couples can avoid a contested court battle by reaching an agreement through mediation, negotiation, or collaborative divorce.
Pittsford Attorney Helps You Combat the Most Common Divorce Mistakes in New York
An experienced family attorney, such as Pittsford divorce attorney Michelle Cimino, can help you avoid these mistakes and more. She will clarify the essential steps in the divorce process. When exploring the distribution of assets, she will explain what financial disclosure looks like. She’ll also outline how to make child support and custody arrangements, and what kind of divorce process makes sense based on your situation.
If you and your spouse are on good terms, Michelle can serve as a neutral mediator. Alternatively, if you need to contest the division of assets, child support, or custody arrangements, she wants to advocate on your behalf in court.
Speak to Michelle Cimino To Avoid Common Divorce Mistakes
The common divorce mistakes we’ve explored here are easy to make. But they can needlessly make your divorce more complicated. Seeking out the support of an experienced divorce attorney can help you navigate the process, even when asset division and other concerns might make you feel stressed.
Michelle Cimino has been named one of the Top 30 Matrimonial and Family Trial Lawyers by The National Trial Lawyers Specialty Associations. She earned this designation from her reputation as an experienced, compassionate divorce attorney serving Pittsford families. Schedule a confidential consultation.
