During the divorce process, there are many concerns that may arise and that individuals may unavoidably gravitate to. However, there are certain actions that should be circumvented at all costs, so a person goes through a smooth transition and they do not end up spending an unnecessary amount of time and energy on concluding their divorce.
One of the biggest mistakes individuals make in terms of the divorce is when they wait too long to file the divorce. Anyone who is being abused needs to make sure they take the necessary steps to get to safety as soon as possible and they should not delay the process. Individuals should also keep themselves informed and they should understand that their house, car, pension, business, and real estate will all be subject to distribution between the spouses, and they will not just be able to walk away with whatever assets they desire.
Apart from taking a long time to file the divorce, another common mistake made in such cases is when someone files an unnecessary fault divorce. Even if a spouse was financially abusive and they are not the best of character, they will still likely get joint custody and access to the children. Unless there was severe abuse done to the children, filing a fault divorce is not a good option and individuals should file for an amicable divorce instead. If a person makes it to trial, then the judge gets the power to make the decision and a person can no longer make the decision for themselves.
Anyone going through a divorce should get in touch with a divorce attorney as soon as possible to make sure they are getting as much out of it as possible and to ensure their rights are not being overstepped. Individuals should also keep in mind that they do not have to move out of the matrimonial home. Instead, they should try to get an order of protection and they should only move out if they do not feel safe residing with their spouse under the same roof during such tense times.
What Assets Are Considered Safe During a Divorce in Queens, New York?
The truth is, almost no assets are considered safe during a divorce in New York. Any assets that were accumulated during the marriage, including personal bank accounts, cars, and collections are all possible candidates for equitable distribution. However, if a person receives an inheritance or they had assets and property before the marriage, then these count as exceptions, and they will likely not be included in the distribution process.
Get in touch with a divorce attorney at the Law Office of Charles Zolot today to get help with filing for divorce.
Reach them at:
37-06 82nd Street
Jackson Heights, NY 11372
Phone (718) 779-6545
Fax (718) 779-6640