How to Win a Divorce Case: 5 Tactics from a NY Attorney
Not all divorces are solved amicably. However, coming to divorce negotiations prepared can make the process run more smoothly and improve your chances of meeting your divorce goals. Preparation is also the key to successful divorce litigation.
The following tactics are recommended by some of New York’s top divorce attorneys and should be considered before filing for or actively engaging in a divorce with your spouse.
Assess Your Divorce Needs to Build Your Support Team
Before a New York divorce is finalized, specific issues must be settled or ruled on by the court. These include:
- Asset and debt division;
- Spousal support;
- Child custody and visitation; and
- Child support.
While all divorce cases benefit from experienced legal counsel, some situations require specialized or expert assistance. In a high or complex-asset divorce, you may need a financial advisor or tax expert’s guidance regarding asset division.
Child custody and divorce have a detrimental effect on children, and they may need counseling. In situations where the best interest of the children is at stake, a parent’s attorney may want to request the appointment of a guardian ad litem for the children.
You may also choose to undergo divorce therapy or attend counseling to manage the stress and emotional impact of divorce. After reviewing your case, a New York divorce attorney may suggest other valuable support team members.
Stay in the Marital Home
If you plan to live in the marital home following your divorce, do not move out during the divorce process. This is doubly true if you have children, as it provides them with a sense of continuity and stability through the divorce.
There is a type of possession called “de facto possession” or “possession in fact.” The spouse remaining in the marital home may make this claim.
Start Gathering and Maintaining Financial Documents Right Away
Keeping accurate and precise financial records is imperative to identifying, valuing, and distributing assets and debts in a divorce. Financial records include bank statements, pay stubs, credit card statements, investment records, tax returns, and more.
Not only will the court request this information at the beginning of a divorce, but a financial analyst can use this information to identify hidden assets and marital waste.
Stay Off of Social Media and Limit Texts and Calls
Today’s technology allows anything you type, say, or express in person and online to be recorded and saved for future use. Therefore, keep any thoughts and feelings about your spouse and divorce private.
Do not speak poorly about your spouse in front of your children. Not only does this reflect badly upon you in court, but it is mentally and emotionally harmful to your children.
Do Not Act Impulsively
Before acting out physically, emotionally, verbally, or in any way against your spouse, their new significant other, or their property, take a deep breath and STOP! No impulsive action will benefit you in the long run.
Go for a walk, speak with your therapist, or call your attorney for help separating your emotions from the divorce process.
Contact an Experienced New York Divorce Attorney Today
For more tips on approaching and winning your divorce case, speak with an experienced New York divorce attorney at the Law Offices of Vivien I. Stark. Attorney Stark has over thirty years of family law experience and can help you with any issues regardless of their complexity.
Contact the Law Offices of Vivien I. Stark to schedule your confidential consultation today. Attorney Stark will address your most pressing divorce questions and help you understand how New York’s divorce laws apply to your situation.